California Employee Rights Advocate : California Labor Attorney & Lawyer : Southern CA Employment Law : Los Angeles, Orange County : United Employees Law Group

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.

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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.
 

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