Overdue Expense Claims, Reproductive Loss Leave, and California Disability Rules

Employees who submit reimbursement requests after the deadline may face denial, pregnancy loss leave must be approved when the employee qualifies under the law, and the California Civil Rights Department’s newly released guidance outlines key updates to workplace disability accommodation requirements. This report delivers a comprehensive evaluation.

Can Employers Deny Overdue Expense Reimbursements?

First, let us look at the issue of expense reimbursement and overdue applications. When employees delay for a long time in submitting reimbursement forms, and then submit them all at once spanning several months or even travel mileage reimbursements from the previous year, can the company directly refuse payment based on internal policies? California Chamber of Commerce labor law expert Lisa Guzman gives a clear conclusion: even if an employee’s reimbursement application exceeds the company’s prescribed submission deadline, the employer still has an obligation to reimburse the expenses within the statutory limitation period and cannot refuse payment on the grounds of internal policy.

California labor law explicitly requires employers to fully reimburse employees for all necessary expenses advanced in the performance of job duties or in carrying out employer instructions. The scope of reimbursement is very broad, covering travel expenses, business mileage, business meals, and various other work‑related costs. California’s judicial system adopts a broad interpretation of this regulation, with the legislative intent being to prevent companies from shifting operating costs onto employees.

The law further stipulates that the right to claim reimbursement remains valid for four years, and as long as employees file applications within four years of incurring the expenses, the employer is obligated to process and pay them.

While reimbursement must be granted, employees who repeatedly submit documents late are in violation of company rules, and the employer may impose consistent and fair disciplinary measures to ensure policies are applied uniformly to all employees.

Specialists caution that employers should seek legal advice before rejecting any reimbursement request from staff.

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Does IVF Failure Qualify for Leave? Qualifying Events for California Reproductive Loss Leave

Next, let us look at the relevant provisions on reproductive loss leave.

In California, eligible employees are entitled to up to five days of unpaid reproductive loss leave following a spouse’s miscarriage or other reproductive loss event. This right applies to private employers with five or more employees as well as all public employers.

Reproductive loss events include failed adoption, failed surrogacy, miscarriage, stillbirth, and failed assisted reproductive technologies such as artificial insemination or embryo transfer.

Employees become eligible for this benefit after completing 30 days of employment. For each reproductive loss event, employees may take up to five days of leave, and the leave does not need to be taken consecutively. If employees experience multiple such events within 12 months, they are entitled to an additional five days for each event, but employers may set a maximum total of 20 days of leave. Employees generally must take this leave within three months after the event. If employees are using other statutory leave before or after the event, they may complete the reproductive loss leave within three months after the other leave ends. The leave is unpaid, but employees may use accrued vacation, personal leave, or sick leave to offset with paid time. Employers may not require employees to provide medical certification to verify eligibility, and must strictly maintain confidentiality of leave applications, disclosing only to necessary internal personnel or legal counsel. Employers also may not terminate, discriminate, or retaliate against employees for exercising this right.

Key Compliance Rules for California’s New Workplace Disability Accommodation Guidance

Finally, let’s look at the latest guidance from the California Civil Rights Department (CRD). The CRD recently published an information sheet titled “Disability Accommodations at Work,” (opens in new tab) designed to provide clear guidance for employers and employees on disability rights; employers are not required to distribute or post this document.

The document emphasizes that state and federal laws require employers to provide reasonable accommodations for employees or job applicants with known disabilities, unless doing so would impose an “undue hardship” on the business. Reasonable accommodations refer to modifications or adjustments that enable individuals with disabilities to perform their jobs or access equal employment opportunities.

When an employee requests an accommodation, the employer must initiate an “interactive process”—a meeting with the employee to discuss their request. Both parties must participate in good faith and without unnecessary delay. Reasonable accommodations can take many forms; examples listed in the guidance include allowing service animals in the workplace, providing readers or interpreters, adjusting work locations and hours, restructuring job duties, and permitting remote work.

When an employee’s disability is not obvious, employers may request medical documentation. Acceptable forms of documentation include a diagnostic note from a healthcare provider, a full or simplified certification form, or a completed medical inquiry questionnaire from a medical professional.

Employers may deny an accommodation request if providing a reasonable accommodation would cause significant difficulty or expense, but consulting legal counsel before making such a decision is strongly recommended.

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This article is intended for general informational purposes only and should not be considered legal, tax, or accounting advice. Readers are encouraged to seek professional guidance for advice tailored to their specific circumstances. Click here to schedule a complimentary corporate legal consultation.