New Employment Legislation could Expand Leaves of Absences for Los Angeles Workers
Have you ever had a family emergency and had difficulty getting time off work? Well, new legislation could expand the circumstances under which you are entitled to leave from work. February 19, 2010 is the deadline for state legislators to introduce new bills for the year. Because of the state’s dire economic state, the Senate President pro tem Darrell Steinberg has limited the number of bills that each Senator may introduce. Nonetheless, there are several bills that will be proposed in favor of California workers.
Assembly member Swanson plans to propose AB 1666 and AB 1667, which would expand leave under the California Family Rights Act. AB 1666 pertains to sick leave for employees. Under existing law, employees who have had worked for at least one year are entitled to take up to 12 workweeks for family care and medical leave. “Family care and medical leave” is defined as leave for the birth of a child or a serious health condition of the employee or the employee’s child, parent, or spouse. This bill would expand the definition to include any illness that has been declared a national or state pandemic. AB 1667 would further expand the circumstances for leave to include the serious health condition of a sibling.
The other piece of important legislation is the bereavement leave bill to be sponsored by the California Employment Lawyers Association. Back in 2007, the California legislature had considered SB 549, which would have allowed employees to take bereavement leave upon the death of a family member, but the bill was vetoed by the governor. Current California law does not provide leave for employees to grieve, make funeral arrangements, or attend funeral services. Employees who leave work for these reasons are subject to termination without legal recourse. This bill would grant employees up to 4 days of unpaid time off upon the death of a family member without reprisal or discharge.
If you need to take leave from work, whether it is due to illness, the birth of a baby, or the death of a family member, there are some ways to make the transition easier for both you and your employer.
Strategy:
1. Ask yourself if a leave of absence is absolutely necessary. You may want to consider options such as taking vacation time, sick days, or reducing your hours.
2. If you are leaving for an extended period of time, take time to consider your budget including everyday expenses and medical bills, if any.
3. Check to see if you qualify for workers compensation, employment insurance, disability benefits, or any other benefits, and make your claim as soon as possible.
4. Notify your boss of your situation and try to make arrangements with your co-workers to cover your duties while you are gone.
5. When you can return, be sure to consider your duties and ability. You may want to ask your employer for reduced hours or more flexible hours.
If you have been terminated or discriminated against due to taking a leave of absence you should seek the counsel of an experienced California Employment Attorney. Most labor lawyers are able to give free consultations so there is no harm in seeking help.
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