California labor laws and California leave laws are designed to protect employees from unlawful discharge, discrimination and harassment. When an employee gets sick or hurt, it is common for them to sometimes feel that their job may be at stake. This is the reason why employees are covered under federal and California labor laws called the Family Medical Leave Act (FMLA)  and the analogous California Family Rights Act (CFRA), respectively.

Who is eligible?
FMLA/CFRA unfortunately does not cover all employees, only those that:

• Worked at least one year for their employer,
• Worked at least 1,250 hours in the past year, and
• Whose employer has at least 50 employees working within 75 miles of the employee’s worksite

Pursuant to a U.S. Department of Labor June 2007 report , according to the report, the eligibility requirements for FMLA/CFRA indicate that only 76.1 million workers out of 141.7 million total U.S. employees, or 53%, are eligible for FMLA protection (the other 47% have to rely on their employer’s leave policies).

How much medical leave is allowed pursuant to FMLA/CFRA?
Pursuant to FMLA/CFRA rules, workers are entitled to take a maximum of 12 weeks of unpaid medical leave in order to care for a newly born child, a newly adopted child, a serious illness affecting a family member or an illness of their own (pursuant to FMLA, but not CFRA, this does include incapacity due to pregnancy, having a child or a related medical conditions). Employees may be entitled to an extension of leave in addition to the 12 week allowable leave, if the employee has a mental or physical disability that requires the leave to be extended in order to accommodate the disability (subject to the employee making the employer aware of the disability and work restrictions). It is unlawful under federal and California labor laws for employers to treat employees differently or retaliate directly or indirectly for taking medical leave. An employee who takes medical leave also has a right of reinstatement to their same position unless they are a “key employee”.

Is an Employee Entitled to Pay While Taking Leave?
Employees taking leave under FMLA/CFRA (and PDLL)  are not entitled to be paid for this leave.
An employer, however, may voluntarily agree to pay you for all or a portion of uncovered medical leave, or apply your unused sick leave/vacation time.

Medical Leave and California Labor Law Attorneys
Due to the financial strain on many employers, some are seeking ways to downsize staff. It is critical that before taking leave an employee consults with a California labor law lawyer.

If you have questions about medical leave, knowledge is power. It is important to talk to a California labor law attorney to be certain you know your rights.

Photo Credit: Shutterstock/Zoran Orcik

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If you are planning on going over the river and through the woods to grandmother’s house for your next holiday season you will likely need to request time off from work. Or maybe you are staying home and continuing to work on the holidays. And let’s not forget, this is that wonderful time of year when people share their colds and need a few days off work to recover.

Holiday Pay

If you are working on an actual holiday, California law does not require that you are paid any more money than you would normally be paid. However, there are large numbers of companies that have policies whereby if you are working on a holiday you might be entitled to additional pay. Check your employee handbook or with your HR department for your company policy before you volunteer for these shifts.

Paid Holiday Days Off

Again, California does not require that employees receive a day off work on a holiday, or that if that day is given it must be paid. But it is fairly common that companies give these days off and pay their employees a day’s wage.

PTO or Vacation Pay

In California you cannot be forced to use your PTO or vacation pay, and you cannot lose it. Also, it’s important to note that the employer does not have to grant you the days off that you have requested. This means that PTO or vacation pay must be cashed out if the employee requests such.

Sick Pay

Cold and flu season are a normal part of the holiday season as well. California law does not require companies to give paid days off for sick days. If your company does give you paid days for sick time, it’s important to note that it is nothing like PTO or vacation time; you can lose your sick time if it goes unused and it is not required to be cashed out to you upon request. When you leave the company you are not entitled to this time or pay.

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.

If you have any questions about this article or our blog, feel free to call us at:

San Jose: 408-648-4248

Photo Credit: Shutterstock/Monkey Business

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