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Literacy Leave


This information is intended to be a summary of laws and regulations applying to California employers. It should not be construed as legal advice. If further information is needed, please contact your labor attorney.

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Federal

Condition

California

No.

Required?

Yes - Private employers with 25 or more employees.

(Cal. Labor Code Sec 1041)

Paid/Unpaid?

Employer Choice

Applies to?

Employees who reveal a literacy problem to employer or request assistance in enrolling in adult literacy education program.

Reasons for leave?

Employee enrollment in adult literacy education program.

Duration?

Governed by "reasonable accommodation" and "undue hardship" standards. Consider such as: employer size, operating budget, cost of accommodation, number of employees needing the accommodation.

Guaranteed return to work?

Employer may not terminate employee who reveals a literacy problem is that employee's work performance is satisfactory.

Guaranteed job assignment?

Continue in current position if performance is satisfactory.

Employer verification?

None for request for assistance or accommodation. May require proof of enrollment.

Penalties for failure to comply?

Labor Commissioner complaint. Reinstatement, reimbursement of wages plus attorneys' fees.

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