The National Labor Relation Act restricts employers from denying employees to form and join trade unions to help them collectively bargain to improve their conditions and terms of their employment. Similarly, workers unions should not interfere or coerce workers when exercising these rights. This article will answer frequently asked questions on labor unions that you need to know.

What are examples of employer’s conduct that violates the right of employees?

• Threatening workers that they will lose their benefits if they join a trade union
• Questioning workers about their involvement in labor unions activities
• Promising employees benefits to distract them from supporting union activities
• Punishing, laying off, terminating employees who are involved in protected union activities
• Threatening that they will close the factory if workers choose a union to protect them

How do workers form labor unions?

When employees want to improve the working conditions and terms of their jobs, they work National trade union to form their chapter. Once most workers show their interest in creating a union, sometimes employers allow them to continue. After they are allowed, they can request the government to conduct elections of the union officials. Afterwards, they draft a collective bargaining agreement that explains the responsibilities and rights of each party in the organization.

What are the examples of labor union activities that are not lawful?

• Threatening employees that they risk losing their jobs if they don’t join union
• Compelling employers to suspend employees for not being their members
• Fining workers who have resigned after they were involved in a protected activity
• Striking over matters not related to the conditions and terms of employment
• Engaging in misconduct when their members are picketing

What rules are applied when collectively bargaining for a contract?

After workers choose labor unions to bargain for them, both the union and employer should meet and start to negotiate about hours, wages, insurance, and safety practices. Some managerial decisions like relocation and subcontracting.

It is unfair for either party to refuse to bargain collectively with the other, they must reach an agreement.

If no agreement is reached after bargaining, the employer will implement the last offer that they had agreed with the union. However, the union may disagree with the employer’s impasse reached and may file charges for unfair labor practices by the employer. The NLRB will assess whether the impasse was reached and may compel the employer to go back and bargain.

All kind of workers are eligible to join unions to help them advocate for better salaries and working conditions. Many workers are joining these unions than ever before, including nurses, graduate employees, engineers, and poultry workers.

What are the significant achievements of unions?

Unions have been fighting to improve the lives of working Americans and their families. They have managed to achieve the following:

• Parental and pregnancy leave
• All breaks at the workplace (such as lunch breaks tea breaks etc.)
• Paid vacations and weekends.
• Social security
• Sick leave
• Minimum wage
• Child labor laws
  

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There are several portions to the paid sick leave law in California. It is necessary for you to carry out research so that you can know what the law dictates before you make your decision. Employers should use the existing laws to grant or even deny sick leave. Some common questions which people ask about paid sick leave in California include the following:

Is the employer required to provide more sick days even if he had provided the sick leave days before the law went into effect in 2015?

No, if your employer had provided paid sick leave plans prior to the grandfathered paid times. If our employer had such a provision, he can decide to retain it or add more days if they are few. The law requires the employer to provide the paid sick leave in a given employment while adhering to the law. If the provisions provided by the employer adhere to the law, then the employer can decide to retain the plan.

My employer provides paid time off under grandfathered plan; does the new law change the rate at which employees are paid under the plan or other provisions such as vacation?

No, the sick paid leave addresses payment on leave taken due to being sick. It does not address payments related to sick off taken due to other reasons other than seeking medication. There are other provisions of the law which addresses other provisions in regard to payments in the workplace.

Calculations of the paid sick leave in California employers

The paid sick leave is calculated based on the amount of work the employee will do in a week. It is calculated in regard to all the possible work the employee will do and the rate will be based on the duties which other employees in the same category did in the week. If they did overtime, the employee in sick leave will be as well provided the employment.

The paid sick leave can be calculated based on the nonexempt employee’s wages on an average of prior 90 days which they worked in the employment.

The employer can calculate the sick leave payment based on the way he calculates other paid leave time for employees.

In general, the sick leave should be paid based on the regular wage which the employer pays his workers when they are in their workplace.

An employer is not allowed to a discipline you if you go to a doctor and claim sick leave due to illness.

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To ensure that the employee’s rights are protected, the State of California has introduced paid sick leave. Workers should have fun and be healthy in an environment where their rights are considered the topmost priority.

Due to the lifestyle people follow and stress, anyone could fall ill, and coming to work when you are sick sometimes is impossible.

What is Paid Sick Leave?

These are additional leaves that are added to an employee’s leave fund. This makes them eligible to take off from work when they are sick and get paid for the particular days that they could not be present.

Paid sick leave is for the benefit of the employee so that they can stay back home and relax for the days that they have been sick. It is every working individual’s right, and the employer has to enable sick leave for each and every employee that works in their organization.

The Paid Sick Leave law in California was amended on the 3rd of April, 2016, enabling sick leave for working individuals, whether on a full time or part time basis.

How to Get Paid Sick Leave?

You are entitled to paid sick leave if you are a full time or part time employee in any organization. The sick leave policy in California states that an employee who works for 30 hours is entitled to 1 hour of paid sick leave. Every employee who has joined an organization after July 1, 2015, is eligible to get a paid sick leave.

The employee who works on a full-time basis can avail up to 8 days of paid sick leave in a year according to the calculation for counting paid sick leave days. If an employee wants to roll over their paid sick leave for next year they can often do that. Employees can apply for sick leave in writing or ask for a leave verbally.

When Do You Gain Sick Leave?

An employee who has completed 90 days of employment in an organization is eligible for paid sick leave. Following are the conditions, under which an employee can ask for Paid Sick Leave,

• If they fall ill.
• To go for a preventive check up.
• For a family members’ health check up.
• If an employee is a victim of sexual assault or domestic violence.

These leaves are to ensure and protect an employee’s working right. It makes them feel safe to work in such healthy atmosphere.

If an employee faces discrimination or ill behavior from their employer upon asking for sick leave, they can file a complaint against their employer.

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Sometime back the state of California introduced a new law to promote healthy workplaces by increasing sick leave time. According to this law, the employer needs to give at least 1 hour of paid leave in sickness against 30 hours of work.

That means if an employee works 8 hours a day, five days in a week, then he is entitled to get minimum 11 days of sick leave with pay. Although it is a simple calculation, people have various doubts in their mind about sick leave in California, and this article may give you the better understanding of it.

Qualification for the Program
Many people work as temporary or part-time employees at various business places, and they wonder if they qualify for this new leave policy or not. It does not matter if you work part time, or you are a temporary employee, if you work 30 days or more in a year, then you are entitled to this leave. However, few some specific cases are there, when this rule does not work as it is.
Paid Leave Uses Criteria 
When we talk about paid sick leaves, then mostly it covers only the sickness of employees. However, that’s not the situation with the amendment in the sick leave policy. With the new addition, the employee can take sick leave for taking care of a family member such as their child, partner, or elderly in the family.

Also, if you have someone in the military and that person is at home due to sickness, then you can also take sick leave to take care of them.
Process of Applying for Sick Leave 
If you want to take a paid sick leave, then you don’t have to submit a doctor’s note. You can ask for the leave on a verbal or written application, and you should get the time off from the employer.

However, you must need to give notice for it as soon as you know about it. Also in some cases, you may need to submit some certifications I case your employer asks for it, so be sure to comply with the law.

Here you must understand that your employer needs to maintain the record of all the leaves that you take under sick leave policy. So, when you apply for sick leave in California, make sure you do not try to misuse these law for your own benefit as it can create complications for you in the future.

So, if you are confused about new sick leave rules, then remember these details, and you will have a better understanding in the future.

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Both California law, as well as, the federal laws include provision for protecting all employees, including military, some paid sick leave. In 1994 the Uniformed Services Employment and Reemployment Rights Federal Act provide for permanent military employee’s job and benefit protection.

The military act prohibits employers from discriminating against any member of the military forces, which mean that California cannot discharge an employee just because of his/her military duties or training. This Protection Act covers all employees including members of National Guard from other states. It also covers all businesses regardless of size.

Military Leave for Spouse and Family

For Military Leave for Spouse and Family, all employers with over 25 employees are required by law to grant their employees up to 10 days unpaid off when their spouses are home on leave even during a military conflict. The military spouse who wishes to take time off must give notice to the employer within two business days and must provide their request on a written documentation.

Employers can allow their employees to utilize their accrued paid sick leave, paid time off or vacation during this leave, although it is not a requirement.

The employer is also required to allow spouse, parent, child or next of kin who is a member of the military to an emergency leave of up to 26 weeks to care for a soldier who may be undergoing medical treatment.

According to the act, employers should always remain proactive in notifying their employees about potential military leave options that are available to them. Employers are mandated to provide notice to all employees under USERRA that includes their obligations, benefits, and rights.

Sick Leave Rules

The sick leave in California demands that the call-up notification to employers should be provided in advance and can be either written or verbal. An employer may request copies of documents proving this.

If an employee goes on leave during the period of active duty, he/she is not entitled to receive pay. Employers may, however, pay their servicemen a lower salary during such leave.

According to USERRA employees who leave their usual job for military duty should be given same treatment as required under employer’s leave policies. Employers should provide continuous health coverage for up to 24 months.

The health coverage may be terminated before the end of the 24-month period if an employee fails to return to work without proper reasons. If the military sick leave in California is longer than 31 days, the employer may charge the employee up to 102 percent of the cost of the period.

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The health family act of 2014 created by California governor, Jerry Brown requires all employers to provide sick leave to employees. The law was implemented from July 1 2015 and it made California to enter history books as the second state behind Connecticut to compel employers to provide this coverage to employees. However, unlike Connecticut where this law only applies to employers who have more than 50 employees, the California law applies to all employers regardless of the size of their workforce. In this article, we are going to break down this laws to help you understand exactly what it entails.

How has this law effected employers?

When this law came into effect in July 1 2015, all employers were required to offer a certain minimum amount of sick leave to their workers each year. This means that all employers in state of California must calculate the sick leave that each employee has accrued, report their balance and pay all their employees for the sick leave that they have taken within their minimum balance.

Who is eligible under this law?

All employees who have work for at least 30 days in year are eligible to receive sick leave under this law. This include both temporary and part time employees with only few exceptions.

How to determine the amount that an employee can take when on sick leave

When it comes to determining the amount an employee can take on sick leave, employers have two options. The first option is to offer lump sum to employees at the beginning of the year. Employer who choose this option must offer three days at the beginning of the year. The second option is known as the accrual method. Employers who choose this method are required to pay at least one hour of paid leave for every 30 hours that the employee has worked. Employers who choose this method have the flexibility to choose to start accruing sick leave from July 1, 2015 if the employees were hired before this law was implemented.

What happens if the employees don’t take sick leave?

Employees who have not taken sick leave can roll over the amount accrued to 48 hours of untaken sick leave. However, employers who provide lump sum at the beginning of the year are not required to roll over the remaining balance to the following year.

What are the reasons for taking sick leave?

Employees can take sick leave when their own health or the health condition of their family member is not well. They can also take sick leave when seeking preventative treatment.

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There are many questions you may be asking yourself about sick leave entitlement. There are rights you are entitled to as well as your employer when it comes to sick leave. It is better for you to understand what the law states for you to avoid trouble:

1. Is my employer required to give me sick leave?

There are no general requirements which the law put in place for your employer to give you a sick leave. However, the employer can offer you some time off so that you can seek treatment. The time off will not be paid for.

2. Is my employer required to pay me for sick leave?

There is no federal law which requires employers to give paid sick leaves. However, there are some states which have laws which require employers to give employees paid sick leave. If an employer will give sick leave payment, then the law requires him to take necessary actions and ensure the paid sick leave is used accordingly.

3. Are there laws in my state about paid sick leave which I should know?

Few states and local authorities allow sick leave payment. You will be required to confirm with your state first to be sure.

4. Does the law require that I be paid for unused accrued sick time when I leave my job?

If it is allowed under collective bargain agreement or employment contract, you can claim for it. Some employers can pay an incentive, but normally it is not paid for like the case of accrued vacation time.

5. Who can take leave under the Family and Medical Leave Act?

The family and medical leave act allow employees who work within a radius of 75miles and are more than 50 in their workplace to take child or adoption leave. Other conditions where an employee can be offered a leave include serious health complication of family members.

6. Who can take leave as a reasonable accommodation for their disability?

An employee can have policies concerning sick leave which will apply to all employees. The employee who will be on leave will not be paid. The employee can as well adjust the policy to suit the needs of individual employees with certain isolated cases.

7. Is my employer required by law to offer pregnancy leave?

The employer is required to treat such leave as temporal disability leave. You will be offered a leave just like the way you will be offered after minor surgery, injury or any minor disability.

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California had passed a law on sick leave, which was effective from 1st July, 2015. In 2014 as well, they passed a similar law. But that was only applicable to the employers, with more than 50 employees. However, the latest law is applicable to all kinds of employers.

Eligibility: In order to qualify for sick leave, an employee has to satisfy two conditions:

1. Work for the employer for at least 90 days, before applying for sick leave.

2. Work for that employer for at least 30 days in the year in which they are claiming the sick leave.

However, some sections of employees are not covered by this law. For example, employees of air carriers are not eligible.

Calculation: As an employer, you can pay the sick leave either on accrual basis or on lump sum basis. If you decide to go for the accrual method, 1 hour of sick leave will be accrued for every thirty hours that the employee has worked. And if you want to go with the lump sum method, your employees’ sick leave will be limited to 24 hours per year. Sick leaves should be paid on the basis of the hourly rates.

Reasons for sick leave: As per the California Law on sick leave, employees are entitled to take leave for their treatment or the treatment of any of their family members. Sick leave can also be taken for some specific reasons like stalking or domestic violence. Your employee will get to decide whether they want the entire day off or just the half day. However, you can make a rule that at least minimum 2 hours of sick leave needs to be taken.

Separation: If your employee leaves the company, then you are not liable to pay any sick leave. However, if you hire him or her back within 1 year, then all their accrued sick leaves should be reinstated.

Notice regarding sick leave: It is necessary for an employee to inform you before taking a sick leave. But that is only possible for planned leaves, such as visit to the doctor. However, if something emergency comes up, then your employee needs to inform you only when it is practically possible. It is also your responsibility to make proper records of all the sick leaves taken.

There are some cities in California which have their own laws regarding sick leaves. Like, in California, sick leaves up to 72 hours can be accrued per year. Hence, as long as their policies are more generous than the actual law, it is not an issue.

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After the paid sick leave provision came into effect in 2015, employers are required to pay their employees when they take a sick leave. An organization’s paid leave policy may continue without alteration if they provide more or equal sick days and benefits under the same conditions to employees, as compared to law specifications.

The new law only concerns sick leave and doesn’t include leaves taken for other purposes. The law states that the rate of pay for sick leaves should be equal to the regular rate of pay. This can be determined by calculating the regular rate of the workweek in which the leave was taken or through taking a 90-day average.

It is not required to include overtime pay while deciding the rate of sick leave pay and employers can also use their own paid sick leave policies as long as it adheres to the laws.
About The Laws

According to the paid sick leave laws, an employee can take paid sick leave for certain purposes. If the employee has accumulated sick leaves which are available, then the employer is not permitted to deny the leave application.

According to the statute, the employer cannot discriminate an employee in any manner or take action against the employee for:

1. Applying for and/or using the accrued sick leaves

2. Alleging or filing a complaint about the article’s violation

3. Being cooperative towards investigation and prosecution for alleged violation or opposition of any practice, policy or act that is prohibited in the article.

Other Provisions
Additionally, section 233 of the Labor Code states that the employer must allow usage of sick leaves which have accumulated in the last 6 months for purposes given under the law concerning paid sick leaves.

As per the section 234 of Labor Code, any employer policy which takes sick leaves pursuing Section 233 into consideration, for controlling absences and/or to discipline employees in any way can result in legal actions for violating Section 233. However, if an employee has utilized all their sick leaves or if they take a sick leave for a different purpose than the ones mentioned, the employer is eligible to take disciplinary action.

The statute allows employees to take sick leaves if:

1. The employee or their family member requires to be diagnosed, cared for, treated for any existing health condition or needs preventive care.

2. The employee is a victim of either sexual assault, stalking or domestic violence then they may take leave for any of the purposes given in Section 230 subdivision (c) and Section 230.1 subdivision (a).

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