Leave of Absence Archives - UELG https://www.california-labor-law-attorney.com/category/leave-of-absence/ California Labor Law Attorney Mon, 29 Jul 2019 11:24:06 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg Leave of Absence Archives - UELG https://www.california-labor-law-attorney.com/category/leave-of-absence/ 32 32 Types of Leave in California Explained https://www.california-labor-law-attorney.com/types-of-leaves-in-california-explained/ Mon, 29 Jul 2019 11:24:06 +0000 https://www.california-labor-laws-attorneys.com/?p=1658 Employees and employers in California must understand the distinct kinds of leave which the state of California allows. In case […]

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Employees and employers in California must understand the distinct kinds of leave which the state of California allows. In case California’s local courts call an employee for jury duty, the employer is supposed to respect the absence by protecting the worker’s job for that specific duration. Both employers and employers in California should abide to the state’s laws in any scenario related with duty leave.

Types of Leave in California 

1. Sick Leave

California law needs most employers to offer sick leave to their most workers. Employers must always adhere to the requirements stated in the state’s statute when offering sick leaves to their respective employees. 

2. Holiday Leave

The statute in California covering workers does not need private employers to offer their respective workers with either unpaid or paid holiday leave. Therefore, private employers do not have to pay employees premium pay, like double the usual rate as a result of working on holidays, not unless the period worked qualifies workers for overtime. 
In case an employer decides to offer either unpaid or paid holiday leave, he or she must adhere to the terms of employment contract. 

Jury Duty Leave in California

Provided employers are provided reasonable advance notice, their employees are permitted to acquire time off in order to operate as a witness or a juror if subpoenaed by the state to attend any case trial. As an employer, you should not punish or discriminate your workers in any way in case they take time off in order to serve as a witness or juror. 

As an employee serving as a witness or juror, should your employer discriminate you in any way, it is vital you cooperate with a reliable California based attorney who will make sure your rights are protected.

Why You Should Employ UELG

United Employees Law Group (UELG) is a law firm committed to protect employees against any form of discrimination. This law firm has renowned attorneys that will with no doubt make you a victor in any case you present to them. Some of the merits you will encounter as an employee once you present any kind of case against your employer to UELG include:

*Getting great attorneys that will apply their remarkable skills while following the terms of the constitution so as to make sure your rights are protected.

*Helping you in Filing the paperwork exercise involved in order to ensure a quick and secure case process that suits your wants better.

*Impeccable and extremely dependable solutions yet affordable

Bottom Line 

In case you need to know any kind of information about how UELG can help you anytime you are not in good terms with your employer, don’t hesitate calling these law specialists for a consultation and quote on all their services. 

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Proposed Amendments May Take FMLA Benefits to New Heights https://www.california-labor-law-attorney.com/fmla-benefits/ Mon, 06 Dec 2010 21:46:40 +0000 https://www.california-labor-laws-attorneys.com/blog/?p=202 If you are a working family member of a military service member or a member of an airline flight crew, […]

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Family enjoying a camping trip with a camper

If you are a working family member of a military service member or a member of an airline flight crew, proposed regulations to the Family and Medical Leave Act (FMLA) may provide you with several additional employment benefits. The FMLA was originally designed to help employees take leave from work for family and medical reasons without risk of losing their job or health benefits. The Act applies to public agencies, public and private elementary schools, and companies with 50 or more employees. An employee that has worked for any of the aforementioned employers for at least 12 months or at least 1,250 hours over the course of 12 months is entitled to up to to 12 weeks of unpaid leave per year.  In 2009, President Barack Obama signed into law the National Defense Authorization Act for Fiscal Year 2010 and the Airline Flight Crew Technical Corrections Act. These acts extended FMLA benefits to both military service members and airline flight crews who had previously been disqualified. Now it is expected that the Department of Labor (DOL) will propose amendments to these Acts to further expand their coverage.

The National Defense Authorization Act provides that certain family members of soldiers on active duty may be allowed to take extended leave from their jobs for reasons including, but not limited to, preparing for deployment, making child care and financial arrangements, attending pre-employment and post-employment activities, and caring for an injured active duty service member or previously injured veteran. On May 28, 2010, the House of Representatives approved a bill that would amend the Act to allow the spouse, children and parents of a deployed service member to take at least two weeks of unpaid leave, even if they are not covered under the FMLA.

The Airline Flight Crew Technical Corrections Act extends FMLA benefits to pilots, flight attendants, and other flight crew workers. Normally, most flight crew members would not qualify for FMLA benefits because they are paid for only “in-flight” time and not for the hours they are on duty between flights or on layovers. The Act provides that flight employees quality for FLMA if they are paid 60 percent of the airline’s monthly work schedule or for at least 504 hours.

New regulations to both of the aforementioned Acts are expected to take place before November. There may also be revisions to other aspects of the Act previously enacted by the Bush administration. Although the exact changes have not been specified, the DOL has indicated that it will conduct a study next year to evaluate how families are using the FMLA.

When applying for FMLA, be sure that you use the most current DOL-issued forms. If you take the proper steps and believe your employer has improperly denied you leave, do not hesitate to contact a knowledgeable California labor law attorney for a thorough evaluation of your case.


Photo Credit: Shutterstock/sirtravelalot

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THREE SIGNS of Veteran Discrimination https://www.california-labor-law-attorney.com/san-diego-veteran-discrimination/ Mon, 27 Sep 2004 08:00:10 +0000 https://www.california-labor-laws-attorneys.com/blog/?p=320 It’s hard to believe but the brave men and women who serve this country face discrimination when they come home. […]

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man in military uniform facing away from camera holding smiling child

It’s hard to believe but the brave men and women who serve this country face discrimination when they come home. So much so, that there are new laws this year which added Veteran Status to the list of protected classes under the Fair Housing and Employment Act. This means that anyone who has served, or is serving in the military, including reserves, now has the same protections for discrimination in the workplace. Here Are Three Signs of Veteran Discrimination to look out for:

ONE: The Company says the job has been filled.  Unfortunately, many companies either don’t know or don’t care, that all returning veterans must be given their position back when they return from active duty, if they want it. The Uniformed Services Employment and Reemployment Rights Act provides protection for returning veterans from job loss due to military service. The USERRA regulations provide both, that you be given your job back as well as being given the same position and benefits you would have earned by being present as long as it is less than five years.

TWO: Your Company refuses to allow for time off to treat a medical condition Resulted from Military Service. The Family and Medical Leave Act provides veterans up to 26 weeks leave, either continuous or intermittent, so that you can be treated for a serious illness or injury attained during active service. As long as you: Worked a minimum of 1,250 hours in the 12 months preceding the start date of your leave (special qualifications for reservists); your employer has at least 50 employees who work 75 miles or less from the office; and, inclusive of the time you were absent, you have been with the company at least 1 year (consecutive or not).

THREE: Your Boss takes away your earned vacation time.  USERRA mandates that veterans receive ANY “benefit of employment” and cannot be stripped due to military service. Your benefits of employment, including any advantage, monetary profit, privileges, gains, status, accounts or interests, are all protected by USERRA. Accordingly, if you would have accrued vacation time for the time you were on service, this vacation time must be given. Additionally, in California accrued vacation time CANNOT expire or be forfeited.   If you are a returning veteran and you are facing discrimination, you need experienced representation. Call United Employees Law Group TODAY. We are ready to help.


Photo Credit: Shutterstock/PEPPERSMINT

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