California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 6 - Pregnancy, Childbirth or Related Medical Conditions › Section 11050 - Employee Requests for Reasonable Accommodation, Transfer or Pregnancy Disability Leave: Advance Notice; Medical Certification; Employer Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following rules apply to any request for reasonable
						accommodation, transfer, or disability leave because of pregnancy.
(a) Adequate Advance Notice
(1) Verbal or Written Notice. An employee
					 shall provide timely oral or written notice sufficient to make the employer
					 aware that the employee needs reasonable accommodation, transfer, or pregnancy
					 disability leave, and, where practicable, the anticipated timing and duration
					 of the reasonable accommodation, transfer or pregnancy disability
					 leave.
(2) 30 Days Advance Notice.
					 An employee must provide the employer at least 30 days advance notice before
					 the start of reasonable accommodation, transfer, or pregnancy disability leave
					 if the need for the reasonable accommodation, transfer, or leave is
					 foreseeable. The employee shall consult with the employer and make a reasonable
					 effort to schedule any planned appointment or medical treatment to minimize
					 disruption to the employer's operations, subject to the health care provider's
					 approval.
(3) When 30 Days Is Not
					 Practicable. If 30 days advance notice is not practicable, because it is not
					 known when reasonable accommodation, transfer, or leave will be required to
					 begin, or because of a change in circumstances, a medical emergency, or other
					 good cause, notice must be given as soon as practicable.
(4) Prohibition against Denial of Reasonable
					 Accommodation, Transfer, or Leave in Emergency or Unforeseeable Circumstances.
					 An employer shall not deny reasonable accommodation, transfer, or pregnancy
					 disability leave, the need for which is an emergency or is otherwise
					 unforeseeable, on the basis that the employee did not provide adequate advance
					 notice of the need for the reasonable accommodation, transfer, or
					 leave.
(5) Employer Response to
					 Reasonable Accommodation, Transfer, or Pregnancy Disability Leave Request. The
					 employer shall respond to the reasonable accommodation, transfer, or pregnancy
					 disability leave request as soon as practicable, and, in any event no later
					 than 10 calendar days after receiving the request. The employer shall attempt
					 to respond to the leave request before the date the leave is due to begin. Once
					 given, approval shall be deemed retroactive to the date of the first day of the
					 leave.
(6) Consequences for
					 Employee Who Fails to Give Employer Adequate Advance Notice of Need for
					 Reasonable Accommodation or Transfer. If an employee fails to give timely
					 advance notice when the need for reasonable accommodation or transfer is
					 foreseeable, the employer may delay the reasonable accommodation or transfer
					 until 30 days after the date the employee provides notice to the employer of
					 the need for the reasonable accommodation or transfer. However, under no
					 circumstances may the employer delay the granting of an employee's reasonable
					 accommodation or transfer if to do so would endanger the employee's health, her
					 pregnancy, or the health of her co-workers.
(7) Direct notice to the employer from the
					 employee rather than from a third party regarding the employee's need for
					 reasonable accommodation, transfer, or pregnancy disability leave is preferred,
					 but not required. The content of any notice must meet the requirements of this
					 section and the employer may require medical certification.