Employee Benefits Archives - UELG https://www.california-labor-law-attorney.com/category/employee-benefits/ California Labor Law Attorney Wed, 17 Jun 2020 20:00:56 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg Employee Benefits Archives - UELG https://www.california-labor-law-attorney.com/category/employee-benefits/ 32 32 CALIFORNIA INSURANCE BENEFITS DURING COVID-19 https://www.california-labor-law-attorney.com/california-insurance-benefits-during-covid-19/ Wed, 17 Jun 2020 19:39:10 +0000 https://www.california-labor-law-attorney.com/?p=6261 The California unemployment insurance (UI) program is administered by the California labor laws and was created decades ago as an […]

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The California unemployment insurance (UI) program is administered by the California labor laws and was created decades ago as an economic line of defense against unemployment effects. It is designed to offer financial benefits to California employees who become unemployed at no fault of their own by replacing some of the wages they have lost in the past.

The present COVID-19 pandemic has led to a historically unparalleled increase in the level of unemployment insurance (UI) claims filed in California since the crisis started in mid-March. Employees that have been laid off from their job due to the COVID-19 pandemic, or that are unable to work due to childcare or school closures, or that have had their hours or wages reduced by a fraction continues to apply for the unemployment insurance benefits in order to maintain basic necessities while they are temporarily unemployed.

This article will look into how unemployment insurance works, insurance benefits, employees that may be eligible for the unemployment insurance benefits and those that are not, the requirements that must be met, as well as the various federal intervention programs aimed to suppress the effect of the COVID-19 coronavirus pandemic on affected Californians.

NOTE: As you know that things are changing rapidly, the various relief benefits and explanations described in this article are subject to change.  Therefore, this article is simply our best perception as to where things currently stand as of June 10, 2020.

 

HOW THE UNEMPLOYMENT INSURANCE (UI) WORKS

The unemployment insurance system usually provides about 26 weeks of regular insurance benefits to unemployed workers while they actively look for a new job. The program is funded by payroll taxes paid by California employers on the amount of wages they pay to their employees. No tax deductions are made from employees’ wages in California to finance this program.

The tax rate an employer pays is different and influenced by the number of prior unemployment benefit claims that have been filed against the employer. The more claims that are filed against an employer, the higher the tax rate is for that employer. It is therefore important that employers understand the UI system and carefully consider how its benefits affect their employees before they reduce hours, furlough, or layoff.

 

THE CALIFORNIA INSURANCE BENEFITS

While the State provides most of the funding to employees based on the employment taxes collected from California employers, the federal government pays part of the administrative costs for the unemployment insurance program. If an employees’ claim is approved, the amount that the employee can collect per week in insurance benefit ranges between $40 and $450, and it is dependent on their previous earnings.

 

CALIFORNIA UNEMPLOYMENT AND THE EMPLOYMENT DEVELOPMENT DEPARTMENT (“EDD”)

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California’s Unemployment and the Employment Development Department (EDD) process unemployment claims and determine employee eligibility. The department has, in the past few weeks recorded over 1.8 million unemployment claims filed, about the same amount as all unemployment claims from the 2008 recession. For employees to be eligible for the regular California UI benefits, the EDD generally requires that the applicant must be:

  • ready, willing and able to work
  • unemployed without fault; and that their
  • past earnings must meet certain minimum thresholds;

 If approved, the Unemployment and the Employment Development Department determines the amount for the weekly benefit based on the applicants’ past earnings, up to a maximum of $450 each week. However, these benefits can be extended by an additional 13 weeks under the Coronavirus Aid, Relief, and Economic Security Act.

 

What Is The Coronavirus Aid, Relief, And Economic Security (CARES) Act?

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The Federal CARES Act was signed to law on March 27, 2020, by congress, as a protective measure to provide essential relief to more Californians that are impacted by COVID-19 coronavirus pandemic. It offers emergency aid to eligible businesses, individuals, and families affected by the COVID-19 coronavirus outbreak. The CARES Act, among other provisions, temporarily expands the regular California UI benefits by creating several new programs. These programs include:

 

a)      Pandemic Unemployment Assistance (PUA)

The Pandemic Unemployment Assistance program is an extended eligibility for some employees who traditionally are ineligible for the regular California Unemployment Insurance (UI) benefit, and are unemployed or partially unemployed due to COVID-19 reasons. These include:

  • Business owners, Independent contractors, and self-employed employees
  • Individuals with a limited work history
  • Individuals with false statement penalty weeks on their regular UI claim.
  • Individuals who have exhausted all of their regular UI benefits as well as any extended benefits.

 

Eligibility For PUA Benefits

To be eligible for PUA benefits, applicants must either be unemployed, partially unemployed, or unable to work for reasons related to COVID-19, like when:

  • The applicant is diagnosed with COVID-19 disease or have its symptoms
  • The applicant provides care for their family member diagnosed with COVID-19 disease
  • The applicant has a family member who is diagnosed with COVID-19 and has to isolate
  • The applicant is unable to get to their workplace due to a forced quarantine, or because the applicant is advised by a health care provider to self-quarantine due to COVID-19
  • The applicant is the major caregiver for a child(ren) whose care facility or school is closed because of COVID-19
  • The applicant becomes the primary breadwinner because the head of the household died from COVID-19 coronavirus infection
  • The applicant was scheduled to start a new job but cannot get to the workplace because of COVID-19
  • The applicant had their workplace closed due to COVID-19 pandemic
  • The applicant quits their job due to COVID-19
  • Meet any additional criteria specified by California EDD.

These applicants may, however, receive below the 39 weeks of PUA benefits if:

  • Their unemployment or partial unemployment is no longer due to COVID-19.
  • The PUA program is no longer available for weeks of unemployment following December 31, 2020.

 

Exemptions To The PUA Benefits

Applicants that can work from home or on leave and being paid or receiving other paid leave stimulus are not eligible for the PUA benefits, whether or not they meet a category listed above.

 

b)     Pandemic Unemployment Emergency Compensation

Applicants generally collect up to 26 weeks under the regular California UI benefits within a 12-month benefit year. But the Pandemic Unemployment Emergency Compensation (PUEC) offers an extra 13 weeks of insurance benefits to the regular 26 weeks already provided to make a total of 39 weeks coverage. The extended relief is available up till December 31, 2020.

To qualify for a PEUC extension and claim, the applicant must:

  • Be fully unemployed or partially unemployed as of March 29, 2020, or after.
  • Have used up all the benefits they are due under the California law.
  • Not qualify for a regular California UI claim.
  • Meet all requirements to be eligible for California UI benefits.

 

c)      Pandemic Unemployment Compensation

Under the PUC provision, employees that qualify for UI benefits will receive an additional $600 benefit every week on top of the regular benefit they are entitled to receive under the California State law. This is approved for all weeks of unemployment starting from weeks available for benefits until July 25, 2020.

Given this federal benefit under CARES Act, a California employee that earns below $54,000 per year, may be eligible for pay weekly via unemployment insurance benefits than if they work reduced hours. Regardless of what their regular benefit is, from April 1 up to December 31, 2020, such an employee:

  • may qualify for an extra 13 weeks of benefits according to the Pandemic Emergency Unemployment Compensation. This means the period of benefit is increased from 26 weeks to 39 weeks;
  • can receive an additional $600 every week according to the Pandemic Additional Compensation, although it is only available until July 31, 2020.

 

APPLYING FOR THE CALIFORNIA INSURANCE BENEFITS

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To receive insurance benefits in California during this COVID-19 pandemic, the employee needs to file a claim with the unemployment insurance program in person, online or by telephone. The fastest and easiest way to apply is online. The employee needs to take the following steps:

  • Contact EDD as soon as possible after becoming unemployed.
  • The employee will be asked for certain information, such as Social Security Number, mailing address, county of residence, addresses, and if available, their Driver’s License or state-issued ID number.
  • Employees will also be asked about the dates and details of their former employer when filing a claim. To ensure your claim is not delayed, make sure you provide correct and complete information.

 

FREQUENTLY ASKED QUESTIONS

 

  1. Is there any reduction in UI claims as Californians begin to resume work?

As of June 11, 2020, the proportion of California UI claimants, either not getting their initial benefit payment because their incomes were very high or are receiving partial unemployment insurance benefits increases. While only employees earning less than three-quarters of their previous weekly wages are eligible for partial UI benefits, employees that are earning above that are entirely denied the benefits for that week, resulting in a complicated decision for employees in a doubtful labor market.

  1. Can California employees who lost their job and their private insurance find some sort of coverage through the State?

According to a statement made by Peter lee, every California employee is eligible for financial support through the State, except if the employee is an undocumented immigrant.

  1. Can California employees collect Employment Insurance (EI) if they self-isolate?

California employees can collect employment insurance if they have to take time off work due to quarantine or self-isolation. They may also be eligible for employment insurance if they are unable to work due to illness caused by the coronavirus.

  1. Can an employee apply for disability insurance if they are at home with COVID-19?

An employee that is at home because they need to take care of a family member who has contracted COVID-19 coronavirus can apply for California Paid Family Leave, but it requires medical certification. PFL assistance is presently not a feasible option in other cases. For example, the employee does not currently qualify for PFL if they have to stay home with their kids because the schools are closed.

  1. Can Employees Receive Unemployment Insurance Benefits For Reduced Hours? 

If the employer shuts down their operations or reduces their employees’ work hours due to COVID-19, the employees can file a UI claim. The unemployment insurance system under California law exclusively provides partial wage replacement stimulus to employees who have their hours reduced or were laid off without their fault.  Even if an employee is still working part-time, the employee may still be eligible for insurance benefits depending on their earnings and other circumstances. They may even qualify for more money per week if they are furloughed than if they work reduced hours.

  1. When should employees affected by COVID-19 apply for insurance benefits?

Employees that are affected by COVID-19 should apply for insurance benefits the moment they realize that their employment contract and income will be impacted by COVID-19. If the employer demanded that an employee should stay home and was not offered any compensation, the employee might be eligible for insurance benefits provided they meet the financial and weekly eligibility conditions.

  1. When will I get the additional $600 benefit?

The additional $600 federal insurance stimulus is available for all approved claims, and retroactive payments will be made for the weeks starting March 29 to July 25, 2020. The Unemployment and the Employment Development Department is currently paying the additional fund, and you don’t have to submit any further paperwork to qualify. The EDD will automatically add the fund on top of each week of benefits you are eligible to receive.

  1. Do I Have To File A Claim Every Week?

To maintain insurance benefits, applicants are required to file a claim every week. The week starts on Sundays and ends on Saturday. Once an initial claim has been filed, the applicants will have to wait until the following week to submit another weekly claim. Applicants should understand that the weekly claims must be filed albeit their initial claim is still pending.

  1. Do I Qualify For The Unemployment Insurance Benefits As A Freelancer?

The PUA program created by the CARES Act covers individuals that are ineligible for the California unemployment insurance benefits or have exhausted their benefits. These include contract workers, self-employed, etc. This program is particularly important for individuals that work in the gig economy, who work largely as freelancers and independent contractors.

FINAL THOUGHT

If you need help filing for the appropriate insurance benefits during the COVID-19 pandemic or you want to make inquiries, the team of attorneys at United Employees Law Group is always at your service. We understand your request is unique and will personalize our service to suit your insurance benefits needs. To schedule an appointment, do not hesitate to contact us through our contact form below.

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A Quick Look on Consolidated Omnibus Budget Reconciliation Act https://www.california-labor-law-attorney.com/quick-look-consolidated-omnibus-budget-reconciliation-act/ Mon, 05 Mar 2018 09:00:36 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1536 If you lose your coverage on health insurance, it’s important to observe the Consolidated Omnibus Budget Reconciliation Act (known more […]

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Smiling female doctor with coworkers in the background

If you lose your coverage on health insurance, it’s important to observe the Consolidated Omnibus Budget Reconciliation Act (known more commonly by the acronym COBRA.) This is important in case of a qualifying event, you may end up losing your cover and it’s important to seek COBRA intervention for the sake of restoring it. One of the common mistakes that most people make is to fail to send notices in advance as it’s required by the law.

Similar Coverage for Employees That Are Active

The COBRA health insurance states that the coverage for those in it should be similar in terms of various factors. They should include deductibles, terms of benefits and the coverage limits. Whenever there is a change in these factors, it should reflect all the participants. These changes will also include the termination of the plan; not just the deductibles and the benefits.

This is also applicable when the person who is covered chooses to include other participants in the insurance cover. Every qualified beneficiary should be included whenever the notices are sent to all employees.

What Are Health Plans Covered in COBRA?

As per the Consolidated Omnibus Budget Reconciliation Act, it will state whether the group will be included in the plan or not. Special consideration will be taken into account to determine when the cover will be applicable to a specific employee or not. A person’s region or the Medical Spending Accounts could be used to factor out this.

Employers Who Are Under COBRA

The Consolidated Omnibus Budget Reconciliation insurance plan is applicable to those employers who have employed more than 20 people. The major challenge here in determining which employee can qualify is whether one is employed on either part or full time. The employer acquiring another business can also be a challenge. How about determining the change in the workforce?

You can be eligible for COBRA insurance plan in the event of the following:

  • Retirement Status
  • Reason for Termination
  • Divorce and Remarriage
  • Medicare Entitlement

According to the act, the employer is supposed to send several COBRA notices if there is a qualifying event for the employees. They should also send the employees notices in case they aren’t eligible. The administrator of the COBRA insurance plan should also be notified regarding the qualifying event. The last but not the least is that the employees should also notify their employers when there is such an event.


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Are Same-Sex Couples Entitled to Share Employment Benefits? https://www.california-labor-law-attorney.com/sex-couples-entitled-share-employment-benefits/ Mon, 30 Oct 2017 08:22:51 +0000 https://www.paymeovertime.com/?p=1064 One of the most important advantages of marriage is that you get an opportunity to share the employment benefits of […]

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One of the most important advantages of marriage is that you get an opportunity to share the employment benefits of your spouse like insurance and health. However, same-sex couples have struggled to take advantage of the various benefits. Forget the benefits, they have even struggled to get the right to marry.

However, due to the various recent movements, many jurisdictions have started accepting same-sex marriages.

Employers

As an employer, you must be wondering whether you have to provide them with the same benefits as received by a heterosexual couple. However, there are still many jurisdictions which are vague in this regard. The decision of the Supreme Court in the US Vs Windsor Case opened the possibility of legalization of gay marriages. However, states have power as well. Not all of them have legalized same-sex marriages. That is why there is so much confusion.

States and Marriage Laws

Another question which arises in the mind is whether the LGBT community will be considered as a protected class. If they are considered as a protected class, then they will be safeguarded against anti-discrimination laws.

Laws which violate the rights of the protected classes often get overturned. However, sexual preference is not usually considered as a determinant for deciding protected class. Recently, a law which declared same-sex marriage illegal was declared as unconstitutional by the federal courts.

But many states have not accepted the decision. So basically, the question is whether they should be considered as similar to heterosexual couples and what an employer should do. The answer is quite simple.

It completely depends on the state where you operate. Some states will require you to provide them with the same benefits. In the case of some states, there is no such compulsion. In instances where you operate in multiple states, you should follow the jurisdiction of that state which offers the maximum protection to LGBT communities.

Big Corporations

You will also find that most of the Fortune 500 companies have also started offering same-sex couples equal rights and benefits. And in case you operate in just one state, then you have to worry about the jurisdiction of that state only.

However, you also have to keep an eye on the various laws which will come related to LGBT community. There is a high chance that laws in the future will require you to offer equal rights to the LGBT community. In case you want to know more about the legal requirements, you can contact a labor attorney and they will be able to help you out in this regard.

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Habitually Absent, Tardy, and Sick Employees in California Workplace https://www.california-labor-law-attorney.com/habitually-absent-tardy-sick-employees-california-workplace/ Mon, 23 Oct 2017 06:35:07 +0000 https://www.californialaborlaw.info/?p=1059 In California, there are always cases of employees who are always absent from the workplace for no apparent reason. Even […]

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Lady laying on the couch blowing her nose

In California, there are always cases of employees who are always absent from the workplace for no apparent reason. Even when they receive warning letters from their employers, these employees hardly rectify their behavior.

Even worse, some of these employees hardly report to work on time on the few occasions they avail themselves. In some cases, some employees miss work due to genuine reasons such as sickness arising from serious medical conditions-mental illness, cancer and diabetes.

In most instances, employers in California are usually at loss with respect to how to hand medical leave or termination of employees for missing work. To respond accordingly to these issues, let us look at some common questions mostly asked by employers.

FAQs (Frequently Asked Questions)

  1. Is it mandatory to provide paid sick leave to my employees?

Paid sick leave largely depends on the location. There are places in which employers are supposed to offer their employees paid sick leave while in other places it is not a mandatory.

  1. Are my employees entitled to medical leave under the Family and Medical Leave Act (FMLA) if my organization has less than 50 employees?

No. The Family and Medical Leave Act is only applicable to a business that has 50 or more regular employees. Further, the medical leave is applicable if the employees work within 75 miles of each other.

  1. What should I expect as an employer from an employee request for FMLA leave?

According to the FMLA, if possible, an employee ought to furnish an employer with a 30 days’ notice prior to taking the leave.

  1. As an employer can I terminate an employee on FMLA leave without the risk of legal consequences?

Yes, as an employer you can terminate an employee on FMLA leave without the risking any legal consequences. However, the termination ought to be non-discriminatory in nature. Further, an employer cannot terminate an employee as retaliation for taking FMLA leave. The following are circumstances under which an employer can terminate an employee while on FMLA leave

  • Termination due to low-quality performance
  • Termination due to decreased workload
  • Termination due to gross misconduct, or criminal and fraud-related activities while on leave
  1. When does the American with Disabilities Act (ADA) apply to a business?

This law is applicable to businesses that have 15 or more employees. The act requires employers to refrain from discriminatory behavior that intimidates employees with disability.

In conclusion, there are so many disputes that can arise between employers and employees. This is due to issues to do with habitually absent employees, medical leave, and termination. To competently handle these issues, employers should formulate precise guidelines that govern the process to be followed by employees when taking medical leave.

On matters termination, employers should involve qualified lawyers to ensure they do not break any law. As for employees, they should seek legal counsel as well in the event that the termination while on medical leave is deemed unfair or a retaliatory measure by the employee.


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Facts About California Employment Law https://www.california-labor-law-attorney.com/facts-california-employment-law/ Mon, 22 Feb 2016 18:38:21 +0000 https://www.paymeovertime.com/?p=990 Your employer can terminate you at will, but only under certain conditionsIt would be illegal for an employer to terminate […]

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  1. Your employer can terminate you at will, but only under certain conditionsIt would be illegal for an employer to terminate you if:• It violates the agreement contained in your employment contract with them.
    • If it is based on gender, race, color, nationality, religion, sexual orientation, age, disability or medical condition, language and marital status.
    • If it is as a result of reporting them to state law enforcement agencies.
    • If it because you filed a case against them.

    2. You have a right to be compensated for late wages

    The ‘waiting time’ penalties are awarded to you calculated on every single day of the delay for up to thirty days.

    3. You have a right of access to your personal file

    The law protects you from being denied accessing the contents of your personal file at any time you need it.

    4. Your former employer can only say ‘ true’ things about you as a referee

    Should your former employer be contacted for reference; it is illegal for them to give false information about you.

    5. You still have a right to unused vacation days after termination

    The law protects you from being denied compensation for vacation days you did not take. In the case you are terminated, you should receive payment for them.

    6. You are entitled to 12 weeks of unpaid leave annually

    These leave days allow you time to take care of ailing family members.

    7. You are entitled to health insurance benefits regardless of your job title

    Whether an employee or a contractor you have a right to health insurance.

    8. You have a right to pre-choose your worker’s compensation doctor

    You are allowed to choose the doctor you prefer to treat you under your employer’s group health plan. This is the doctor who would treat you in the case of injuries at the workplace.

    9. You have a right to refuse to work in poor and unsafe conditions

    The law protects you and even allows you to quit until the conditions are improved. You should ensure you inform of your intentions in writing for reference purposes.

    10. Whether or not you receive overtime pay depends on what you do

    You are exempt from overtime pay if:
    • You earn over $2340 a month
    • You are involved in managerial duties
    • You are in a profession such as teaching, accounting, music law, and if you are an editor.

    11. You are entitled to unemployment insurance even if you quit your job

    However, it is only if you quit job for a good reason. Good causes for quitting include:
    • Better job offers
    • Poor work conditions
    • Health concerns
    • Domestic matters, like having a violent spouse

    12. Your employer is not allowed to deduct your wages unreasonably

    It is illegal if the loss was not a result of negligence or gross misconduct on your part. It is only allowable if your employer can prove it was. It is also illegal for an employer to deduct the cost of tools and uniform from your pay.


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Sick Leave Entitlement https://www.california-labor-law-attorney.com/sick-leave-entitlement/ Mon, 02 Nov 2015 17:22:36 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1104 There are many questions you may be asking yourself about sick leave entitlement. There are rights you are entitled to […]

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Lady laying on the couch blowing her nose

There are many questions you may be asking yourself about sick leave entitlement. There are rights you are entitled to as well as your employer when it comes to sick leave. It is better for you to understand what the law states for you to avoid trouble:

  1. Is my employer required to give me sick leave?

There are no general requirements which the law put in place for your employer to give you a sick leave. However, the employer can offer you some time off so that you can seek treatment. The time off will not be paid for.

  1. Is my employer required to pay me for sick leave?

There is no federal law which requires employers to give paid sick leaves. However, there are some states which have laws which require employers to give employees paid sick leave. If an employer will give sick leave payment, then the law requires him to take necessary actions and ensure the paid sick leave is used accordingly.

  1. Are there laws in my state about paid sick leave which I should know?

Few states and local authorities allow sick leave payment. You will be required to confirm with your state first to be sure.

  1. Does the law require that I be paid for unused accrued sick time when I leave my job?

If it is allowed under collective bargain agreement or employment contract, you can claim for it. Some employers can pay an incentive, but normally it is not paid for like the case of accrued vacation time.

  1. Who can take leave under the Family and Medical Leave Act?

The family and medical leave act allow employees who work within a radius of 75miles and are more than 50 in their workplace to take child or adoption leave. Other conditions where an employee can be offered a leave include serious health complication of family members.

  1. Who can take leave as a reasonable accommodation for their disability?

An employee can have policies concerning sick leave which will apply to all employees. The employee who will be on leave will not be paid. The employee can as well adjust the policy to suit the needs of individual employees with certain isolated cases.

  1. Is my employer required by law to offer pregnancy leave?

The employer is required to treat such leave as temporal disability leave. You will be offered a leave just like the way you will be offered after minor surgery, injury or any minor disability.


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Understanding the Consolidated Omnibus Budget Reconciliation Act – Simplified https://www.california-labor-law-attorney.com/understanding-consolidated-omnibus-budget-reconciliation-act-simplified/ Mon, 27 Jul 2015 17:30:25 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1197 COBRA – known as Consolidated Omnibus Budget Reconciliation Act in full – is an act of law that helps those […]

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COBRA – known as Consolidated Omnibus Budget Reconciliation Act in full – is an act of law that helps those who have already left employment to continue receiving health insurance coverage. The law is generally crucial to those who may want to safeguard their financial and health security even after leaving a job or losing an employed spouse. When one opts to continue with COBRA they don’t have to pick a new plan or transfer medical records. However, there are few basics and requirements in order for one to avail these benefits.

Eligibility Criteria

To qualify for COBRA, one must satisfy several requirements. First, one’s current health plan must be subject to COBRA law. It’s important to note that not all health cover plans are eligible. Another requirement to take note of is that one must be considered a qualified beneficiary in their existing health plan in order to qualify. A qualified beneficiary can be an employee of the sponsoring health plan, spouse, dependent or agent/director (that participated in a health plan) or a retired employee who lost their job as a result of an employer going bankrupt. Lastly, one must have a “qualifying event”. A qualifying event can be: when one is laid off, quits, gets fired, gets terminated or still employed but working hours are reduced causing a loss of health insurance benefits.

How Long It Lasts

An individual may continue enjoying COBRA health-coverage for up-to 18 months. Children or spouses dependent on the employee who become eligible through other reasons other than by employee’s qualifying event can choose to continue the coverage for up-to 36 months – that is if the employee passes on in the course of the 18 months period. In the event the person under the coverage is disabled, COBRA coverage can be lengthened to 36-months.

How It Works

The firm that operates your employer’s health plan is by law supposed to send you several notices concerning your right to receive COBRA cover benefits. Once a qualified event occurs, one is required to enlighten the administrator of the plan. After receiving this notification, the administrator is expected to send-out an election notice to all beneficiaries thereby allowing them 60 days to respond on whether they wish to continue their cover through COBRA or not.

Paying For COBRA  

The employee or any of the beneficiaries are required to pay the entire premium to sustain full benefits of the cover. However, from September 2008 the Congress changed (temporarily) this rule to allow one to pay 65% premium in order to enjoy partial subsidy.

Getting Legal Assistance

Because of COBRA’s extensive paper-work and raft of requirements, it is important to seek assistance from professionals. Sometimes, a simple glitch can interfere with the benefits one is entitled to. In case of doubt, one should consult with a professional employment lawyer for further assistance.


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Employee vs Independent Contractor https://www.california-labor-law-attorney.com/employee-vs-independent-contractor/ Mon, 15 Jun 2015 18:22:28 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1200 Are you an employee or an independent contractor? And really, why does it matter? You’re getting paid all the same, […]

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Man explaining legal paperwork to another man while he signs it

Are you an employee or an independent contractor? And really, why does it matter? You’re getting paid all the same, aren’t you?

Not necessarily. There are distinct legal differences that you need to understand between the two, and whether you’re an employee or an independent contractor can affect your rights in the workplace.

How is your status determined?

In general, if you’re self-employed, you’re probably an independent contractor. If you work for a single company, you’re probably an employee. The California Division of Labor Standards Enforcement presumes that a worker is an employee, but each state agency has its own tests to decide which category someone falls into. The basic gist is this: The more control an employer has over how an individual does their work, the more likely they are in an employer-employee relationship. State agencies also look at other factors, including whether you’re doing work that a company regularly performs itself and how permanent your working relationship is with the company.

What is the difference between the two?

As an independent contractor, you’re performing work that a business would contract with you to do, such as writing or web design. You don’t just work for one employer, but contract with multiple clients. You set your own hours and fees, work from home or your own office, and set the terms of the contract with each client. An employee works for one business and has their work terms determined by the employer, such as hours, wages, and a supervisor who reviews their work.

What are the benefits to employees?

To begin with, an employer has to pay minimum wage, overtime, and payroll taxes for employees, as well as cover them under workers’ compensation and unemployment insurance programs. That’s not the case for independent contractors. Employers provide employees with benefits such as health insurance, sick leave, and 401(k) accounts. Independent contractors get none of these. Employees also are covered by state and federal anti-discrimination laws. Finally, employees usually get an hourly wage or yearly salary. Independent contractors are typically paid by the project, and only when it’s completed.

I think I’ve been misclassified. What can I do about it?

If you think you should have been treated as an employee and not an independent contractor, you may have a wage and hour claim against the company. Contact the United Employees Law Group to see if your rights have been violated and what can be done about it.


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Sick Leave in California https://www.california-labor-law-attorney.com/sick-leave-california/ Mon, 23 Feb 2015 23:25:13 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1336 California had passed a law on sick leave, which was effective from 1st July, 2015. In 2014 as well, they […]

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Lady laying on the couch blowing her nose

California had passed a law on sick leave, which was effective from 1st July, 2015. In 2014 as well, they passed a similar law. But that was only applicable to the employers, with more than 50 employees. However, the latest law is applicable to all kinds of employers.

Eligibility: In order to qualify for sick leave, an employee has to satisfy two conditions:

1. Work for the employer for at least 90 days, before applying for sick leave.

2. Work for that employer for at least 30 days in the year in which they are claiming the sick leave.

However, some sections of employees are not covered by this law. For example, employees of air carriers are not eligible.

Calculation: As an employer, you can pay the sick leave either on accrual basis or on lump sum basis. If you decide to go for the accrual method, 1 hour of sick leave will be accrued for every thirty hours that the employee has worked. And if you want to go with the lump sum method, your employees’ sick leave will be limited to 24 hours per year. Sick leaves should be paid on the basis of the hourly rates.

Reasons for sick leave: As per the California Law on sick leave, employees are entitled to take leave for their treatment or the treatment of any of their family members. Sick leave can also be taken for some specific reasons like stalking or domestic violence. Your employee will get to decide whether they want the entire day off or just the half day. However, you can make a rule that at least minimum 2 hours of sick leave needs to be taken.

Separation: If your employee leaves the company, then you are not liable to pay any sick leave. However, if you hire him or her back within 1 year, then all their accrued sick leaves should be reinstated.

Notice regarding sick leave: It is necessary for an employee to inform you before taking a sick leave. But that is only possible for planned leaves, such as visit to the doctor. However, if something emergency comes up, then your employee needs to inform you only when it is practically possible. It is also your responsibility to make proper records of all the sick leaves taken.

There are some cities in California which have their own laws regarding sick leaves. Like, in California, sick leaves up to 72 hours can be accrued per year. Hence, as long as their policies are more generous than the actual law, it is not an issue.


Photo Credit: Shutterstock/Subbotina Anna

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What Is The Affordable Care Act? https://www.california-labor-law-attorney.com/overview-affordable-care-act/ Mon, 03 Nov 2014 08:00:47 +0000 https://www.paymeovertime.com/?p=936 The affordable Care Act (ACA) popularly referred to as ObamaCare, refers to a law that has seen a lot of […]

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The affordable Care Act (ACA) popularly referred to as ObamaCare, refers to a law that has seen a lot of reforms in health insurance, ranging from lower coverage costs to some new benefits. The act is in essence made up of two bills that were signed into law in 2010. The first is the PPACA (The Patient Protection and Affordable Care Act), and the second is Health Care and Education Reconciliation Act. Both bills are referred to as the healthcare reform plan, collectively. The PPACA was upheld in 2012, by the Supreme Court. There have been a number of attempts at repealing the law, but it has survived and stands as the law of the land.

What does the ACA do?

Obamacare’s main goal is increasing the availability, affordability, and quality of health insurance (both private and public) to the uninsured citizens of the U.S. It has a number of provisions, for instance, new taxes, subsidies, mandates and regulations. It also aims at curbing the expanding healthcare expenditure in the U.S. Some of the laws that many provisions have exceeded expectations, while others have drawn a lot of criticism. There have been some legislative changes too. Despite all the challenges, Obamacare has managed to push the uninsured rate to an all-time low. Expenditure has grown at an impressive slow rate since the 60s, and the inflation on health care pricing is at its lowest in 5 decades.

I do not currently have health insurance, what does the Act mean for me?

Under the ACA, you need to understand the categories in which you fit, as it will determine the options available to you.

1.You work full time, but your employer does not offer health insurance

2.Your employer does offer insurance, but you cannot afford the premiums

3.You do get insurance through your job but your spouse and children do not

4.You have a health problem and you were refused insurance, or you were asked to pay premiums that you could not afford

5.You lost a job where you had been insured

6.You are a student and have little money

7.You are self-employed

8.You work part time jobs, have dependents and cannot afford health insurance

9.You are an undocumented immigrant

The ACA has undoubtedly improved the health insurance sector. Everyone can get insurance. The Health Insurance Marketplace is a safe haven for people who fall into different categories. The tax credits here make health insurance affordable for employers with small businesses, as well as other people in the various categories. The Act ensures that employers provide insurance and students are added to their parent’s policies. Do not stay uninsured.

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