California labor laws offer protection for employees and employers when it comes to enjoying their leave rights or getting the much-needed rest in case of an illness to the employee or a family member.
This is one of the most misunderstood aspect of the labor regulation in state of California.
An understanding of the basic regulation will inform you of employer rights, as well as that of the employee.
To protect employers rights, it is important to understand the eligibility requirements for California employees before they can file for a leave.
Both the FMLA or Family Medical Leave Act and CFRA or California Family Rights Act only allow employees that have worked for at least one year or rendered at least 1,250 working hours for companies that have a minimum of 50 employees to enjoy this particular leave policy.
Basing on this eligibility requirement, only around 76.
1 million workers from a total of 141.
7 million US workers are qualified for leave rights.
About 47% of that will vary depending on the specific leave policies stipulated by the employer.
California labor law states that all qualified employees can avail of 12 weeks of leave, either paid or unpaid.
Those with mental or physical disability can avail of extension for the 12-week minimum leave credit.
It is illegal for employers to deprive you of this right so every employer need to know what their rights are when it comes to the leave policies.
In addition, the employee must be given job protection even after going on leave, either through medical conditions or other reasons that leave the employee incapable of reporting for work, such as pregnancy, childbirth, or caring for a sick family member.
When it comes to determining whether the leave is paid or unpaid, California labor law leaves the decision to the employer to decide on how it is to be determined.
Some companies enable you to use your paid leave credits when taking vacation or medical leave.
Another often misunderstood aspect of leave rights that employees need to know about to avoid employer liability are time-offs.
There are legal analytics involved when asking for time off during absence from work because of medical reasons or disability.
The law does not require companies to allow time off, nor does it require them to pay for those in case an employee wants to compensate their absence at work.
There are certain instances though wherein employers pay for time offs although there is limited exception to this.
Pregnant women have a special leave right under California regulations on labor.
If a pregnant women goes on childbirth or are unable to report for work due to their condition, they qualify for a 4-month leave as stipulated by the California Pregnancy Disability Leave Law.
This law covers even companies with at least 5 employees.
California labor laws also offer job restoration rights for employees upon return from their leave of absence, which is job-protected.
Every time an employee practices their leave rights, it is therefore considered a "protected activity" and any action that is done to violate this is considered unlawful.
There are several mismanagement involved with this aspect of leave of absence claim that has lead to various legal violations.
An understanding of the specific clauses of this law is therefore essential to avoid such violations.