Domestic violence is such an hard situation and one needs much time to handle it. As an employee, you may need some medical attention, some time to ensure the safety of your children while at home or just time to settle your domestic disputes with your family and this should not be debated since it is your right to be given time in order to settle such matters.

Where to Report Your Domestic Violence Issues

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If you are military personnel in the National Guard or Reserves then you know what it’s like to be called to active duty and serve for a period that lasts for several months. But even when you are away, federal state laws are in place to protect your employment. One such protection involves the issue of military leave. In California as well as in other states, military personnel and their family members can claim the benefits of a military leave in the event of a contingency. So, if you would like to learn more about the topic of military leave in California then here’s what you need to know.

What is FMLA? 

Military leave is subject to the Family and Medical Leave Act or FMLA as well as the National Defense Authorization Act of 2010. The original FMLA was amended back 2008 to allow personnel to take time off to deal with certain “exigencies,” particularly those that result from a member’s military service.

What Are The Benefits of Military Leave in California? 

A military leave confers leave with pay of up to 120 hours in each federal fiscal year. This benefit is granted to members of all uniformed services for active duty for training and for inactive duty training.

If the training is not scheduled on the personnel’s off day then he or she may request that the work schedule be rearranged or the employee or use all unused portions of the total 120 hours leave with pay.

Are You Eligible for A Military Leave in California? 

To learn about your eligibility to get a military leave in California, visit the FMLA page of the Department of Labor website. Here, you will find the text for the Military Spouse Leave Law, including eligibility requirements.

If you are currently employed in the private sector, you may also consult your employee’s handbook, as this information is usually included in such materials.

How Do You Apply for Military Leave in California? 

If you are eligible to get a military leave then the first thing you need to do is to complete the necessary federal and state certification forms for the leave. Moreover, you will also need to notify your employer about your intended leave two business days after you have received the requisite notice for the leave.

You will also need to speak with your employer if they are subject to the FMLA. If they are subject to the FMLA then they are require by law to provide you with the necessary information about their policies with regards to military leave.

Finally, you should also look at your employer’s policy and provisions with regards to military leaves then comply with the necessary requirements. Once that you have done that you will be able to get the leave.

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Federal and state leave laws, like the CFRA (California Family Rights Act) and the FMLA (Family Medical Leave Act), often times contain conflicting and overlapping employer obligations in regard to employee leave. One of the most common mistakes regarding employee leave is the denial of family or medical leave by Human Resources as mandated by state and federal law.

If you are an employer that meets CFRA or FMLA requirements, you are obligated to offer a leave policy under state and federal law. Violating this statute and/or violating any medical, family, pregnancy, or parental leave regulation in any way can result in administrative proceedings or civil lawsuits.

The Varying Types of Employee Leave under FMLA and CFRA

Both FMLA and CFRA offer, per year, up to twelve weeks for leave, for a variety of different types of occurrences including:

• Bonding with a newly born, adopted, or child placed into your care through foster care.
• An exigency related to the military service of the immediate family. (FMLA)
• A serious health condition on the part of the employee themselves.
• Providing care for a serious health condition of an immediate family member.

When an employee is granted leave, it must come with a guarantee that they will be reinstated in their original position or one comparable to it. This means that they must come back to the job they were granted leave from or be provided with a job that is identical to the position they had taken leave from in terms of working condition, pay, and benefits, and must be able to be done at the same geographic location, or close there at hand. Though an employee is given the right to return to work with the company after leave, this is not an absolute, and certain conditions do apply.

Employer and Employee Requirements for Leave in California

As a private company in California, you are obligated to uphold certain state and federal leave laws if you employee over fifty individuals who have been on the payroll for twenty or more calendar days in the current, or proceeding, calendar year. This includes various types of employees including those who have received no compensation, commissioned employees, part-time employees, and on leave employees who are returning to work.

This does not include employees who have been laid off. Under both the California Family Rights Act, and the Family Medical Leave Act, an employee will have had to have worked for their employer, who is covered by leave laws, for at least twelve months, and have a combined total of at least 1,250 hours before the beginning of their leave to be applicable. The work site of the current employee must also have at least 50 other company employees within 75 miles for approval for both CFRA and FMLA.

Several types of leave generally go unpaid by the employer. Under certain employee rights, however, accrued, paid, vacation or sick time can be substituted for time that would otherwise go unpaid. However, those who are recipients of health insurance are still entitled to receive this compensation during family medical leave. Under both FMLA and CFRA it is a requirement that employers post specified notices informing employees of their leave rights. There are several different circumstances in which an employee may take CFRA or FMLA leave, and the provisions will often times work concurrently, though there may be instances in which one operates without the other. This is why familiarization with leave laws in California and on a federal level.

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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.

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Childbirth is a big event in any family. Employees will like to have enough time with the child so that they can bond. Unfortunately, the time allocated for the parents to create bonds with the child may not be enough. The law states clearly when you are allowed to seek paternity leave so that you can have time with the baby and create the bond. Mothers are offered pregnancy leave and then the paternity leave so that they can bond with the baby. But, men employees are only offered paternity leave where they can bond with the baby. There are several aspects of the law you need to understand so that you can find it easy when trying to seek the leave from your employer.

What Is a Parental Leave?

It is a child bonding leave. The paternity leave allows you to take some time off from your workplace so that you can spend time with the new baby and create a form of a bond. In states such as California, parental leave refers to a combination of pregnancy disability leave and parental leave.

Employers Who Must Offer Parental Leave

According to Federal Family Medical Leave Act (FMLA) requires workplaces with more than 50 employees to access a 12-week paternity leave so that they can interact with the new child. There are different factors which can determine the paternity leave. They include the following:

• The employee should have worked more than 12 months in the company to qualify for the leave
• In the previous year, the employee should have worked for more than 1,250 hours in the same company.
• The employee should work in an employer with at least 50 employees who work in a radius of fewer than 75 miles.

Do You Get Paid During Parental Leave?

Generally, employers are not mandated to pay for parental leave. But, there are some cases such as city ordinance where some employers can decide to offer some form of payment. You can as well use your accrued vacation and sick leave so that you can access some form of payment during your leave.

Do You Have the Right to Get Reinstates?

When paternity leave ends, you get reinstated in the same position where you served before leave. The reinstatement requires you to access the same privileges which you used to enjoy before the leave. How do you Request Parental Leave? You are supposed to give a 30-day notice for you to access the leave. If the leave is unforeseeable, then you should let the employer know as soon as possible.

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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.

2. 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.

3. 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.

4. 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

5. 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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