California New Leave and Benefits Laws

Mike Radvak — Mon, 01 Oct 2018 08:18:04 +0000

There are new developments within the California labor laws. The developments are as a result of Gov. Jerry Brown asserting some bills into law. The scopes of the new laws are wide. They range from health and safety laws, wages and hours, leave and benefits, workplace protection, and hiring practices laws. As such, lawyers should be up-to-date with all these laws for easy practice and guidance to their clients. Such laws apply to all California residents.

Some of the said laws were effective from 1st January 2018. Employees and employers will also benefit by knowing the nitty-gritty of these laws for they are not only applicable to the legal minds. That being said, all concerned parties should comply with the laws to avoid rubbing shoulders with the law. Remember, ignorance of the law is not an excuse whatsoever.

California employees are protected by the labor laws and are entitled to several benefits. Among these benefits include the right to go on parental leave. It is a crime for employers that have more than 50 staff members to deny them a bonding leave with their children, foster or adopted children. Such leaves are expected to last for 84 working days spread in a manner that is most suitable for concerned parties.

For an employee to be eligible for such a leave, they must have:

a) Worked for at least duration of a year (12 months) within the firm of employment.

b) Worked in the firm for at least 1250 hours (equivalent to 52 work days) within the past year (12 months)

c) Been actively employed in a workstation with at least 50 or more staff members within a 72-mile radius from the site of work.

Small California firms are also expected to provide bonding leaves to their staff. Such firms are the ones that employ 20 to 49 staff members. Employees of these firms qualify for bonding leaves if:

a) They have worked for gain in the firm for at least a year (12 months)

b) They have worked in the firm for at least 1250 hours ( equivalent to 52 work days) within the past year (12 months)

c) They have been actively employed in the workstation with at least 50 or more staff members within a 72-mile radius from the site of work.

Staff members qualify to request for such a leave (bonding leave) within 12 months (1 year) of foster care placement, adoption or birth of a child. Additionally, it is a crime for employers to refuse to pay or maintain a steady insurance health plan cover for employees on parental leave. The new law strongly condemns and prohibits employers from discriminating their employees based on the reason for taking a parental leave. Suspension, expulsion, refusal to hire or firing employees because of taking parental leave is unlawful and will lead to legal consequences.

Photo Credit: Shutterstock Olesia Bilkei

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Emergency Leave Laws

Mike Radvak — Mon, 02 Apr 2018 07:05:55 +0000

The Federal family and medical leave act stipulates the way you can access emergency leave. You can take the leave due to family health reasons or when you are in a health condition which requires urgent medical attention. If you are welcoming a new baby, you are also eligible to take the emergency leave and bond with your baby.

Federal FMLA Rights

You can take up to 12 weeks of emergency leave so that you can attend to the health complications. Other reasons why you can opt to take the leave include bonding with your new

baby. The law also allows you to take the leave so that you can attend to a spouse who is returning from a military deployment. The spouse may be returning home or he has been injured hence you need to be close to him.

Who Is Covered?

If the company has more than 50 employees, then he should provide the leave to employees when necessary. The employee should as well work in the company for the last 20 weeks for him to be eligible for the leave.

Some of the qualifications for the leave include the following:

The employee should have work for the company for at least a year
For the previous year, the employee should have worked for more than 1,250 hours in the company
The employee should be more than 50 in the company and they should live in a radius of less than 75 miles

Reasons for Leave

The FMLA leave is available to employees for them to achieve the following:

It allows them bond with a new child
If you had suffered from health complication, it allows you to recuperate from the health condition
To care for a family with serious health complication
It allows you to handle a qualifying urgency due to a family member who serves in the military
It allows employees care for a family member who has been injured when serving in the military

Leave and Reinstatement Rights

After the emergency leave ends, the employer is required by law to reinstate you to the same position where you served before going for the leave. The same position should have the same duties, salaries and the benefits you used to enjoy before you went for the leave.

Photo Credit: VGstockstudio/ Shutterstock.com

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