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Emergency Leave Laws in California

emergency leave

Workers always find it a challenge when navigating through the laws around their employment. Various states have a different approach towards their work laws and how they run their day to day business. California State has laws such as the Family Medical Leave, which is a clause that employers must fulfill whenever their employees need sick leave; with this law, the employees who are eligible can take the unpaid leave. However, some of the important policies are not well articulated with the state law, thus making it important to adopt the national government policies at some point to ensure that employees get access to their rights.

 

State Rules

Employees in California do not have to worry as the state provides for a comprehensive protection on the laws regarding leaves and their absence from work. Some of the protected leaves may run up to one year, therefore employees are well protected whenever there is the need for emergency leave.

Basically, the California state emulates the Family Medical law; the act further provides that companies or employers with more than fifty workers should be able to provide a leave of up to twelve weeks for a period that is within twelve months. Other leaves include for birth, foster placement of a child, and adoption, health complications, and leave to provide care for any family member with serious health needs.

 

 

New Parent Act

The New Parent Act law extends the leave bond rights to employees of small employers. The employers who have employees between 20 and 49 can be given a leave of up to 12 weeks for bonding.All the laws have the same requirements for eligibility. The employee to be given leave, he or she more likely than not worked for his manager for in any event twelve months. The employee should have been on the job for one thousand two hundred and fifty hours in the year before being given the leave. The employee will be given the leave if he or works at the place where the employer has at least 20 workers who will be working while you are away. Under the new leave act,

California laws cover children of domestic partners and the domestic partners.California has got paid family leave programs too. Those employees who are eligible may collect the available benefits for temporary disability for like up to six weeks. This will give time for bonding with a new child or take care of an ill spouse or parent.California employment laws are clear if you are an employee or employer you don’t have to worry.

Paternity Leave Explained

paternity leave

Men aren’t just breadwinners or providers for their household, they are also fathers who get excited when a new baby arrives. A considerable amount of new fathers are taking paternity leave to be with their newborn. Often times, in an absence of a paternity leave, they would take a vacation or sick leaves to bond with their baby’s initial few times.

 

Much more and a lot more fathers are beginning to realize the need for having to understand their kids early in their lives. Bonding with your child won’t start out when the infant comes out of the womb, it starts even when they’re inside their mother. Getting close with your child isn’t through playing with them, involved in child-raising responsibilities would enable you bond with your baby much more.

 

 

Reasons for Paternity Leave

 

  • To bond with your child, start by getting worried about the pregnancy. Accompany your wife to the doctor, as a great deal as your time permits. It would give you a thought on how is your wife and little one doing. There are also classes about baby-care where by you and your wife could attend.
  • Another healthy addiction is speaking to your youngster. The infant within the mother’s womb can recognize voices at close to the 34th week of pregnancy. But you could start speaking to the newborn child ahead of that.
  • When the infant is born, have physical contact as much as possible. Hold, cuddle, and touch your child. Nursing moms often have skin to skin contacts with their babies that make them softer. You could also achieve that by sitting or keeping your child near to your skin.
  • Get into the baby routine. You might begin by engaging in baby-care activities like burping the newborn child, changing diapers, giving the newborn child the feeding bottle, etc.
  • Bathing the infant is, in addition, a good time for you to pay out time with your child. You could play and obviously, it gives you the required skin to skin contact.

 

 

Bonding

Another important factor in building relationships with your child will be through audio. Fathers can listen to songs with their kids, it doesn’t need to be lullabies. Some children calm down to African audio or drum beats. You will discover reports showing that babies truly create faster as a consequence of audio. Except for babies benefiting from music, work-stressed fathers can also discover comfort and relaxation from it.

 

Reading to your baby is a different way to build bond. Reading aloud could aid create excellent listening abilities, memory workouts and vocabulary expertise. While babies listen, they would study additional words and help them realize the meaning of the lyrics and understand to talk much better. Reading to the baby will in addition help develop socially.

 

Bonding moment between father and infant does not only mean you meet up with, you could give to the child’s development. Sharing parental responsibilities while using mom doesn’t signify stinky diapers or irritable crying, think about your baby’s very first smile or laugh. Paternity is not just about bringing the dough household, but is in addition about spending time with your youngster.

 

Time Off

Your employer is not required to give you paid time off to bond with your child. You can, however, take 12 weeks off to bond without payment and still protect your job. It may not be favorable, but the option exists for you.

Firing and Severance Pay In California

severance pay

There are no state-specific laws that Californian employers should follow when handling severance pay when firing employees. Entrepreneurs and administrators need to be cautious when suspending their employees. California is a state where employees can be fired at any time with or without cause because of its at-will status. The process that you use to send your workers home will either send a positive or negative message to your employees.

 

By the Books

The firing of employees should be the last thing that is included in the company manual. Employers should use when all the other reconciliation efforts have failed. The company should have a disciplinary procedure that is followed when terminating the services of an employee.

 

Final Paycheck

There are specific Californian laws that state the time that employees should receive their final paychecks after termination. A staff who resigns willfully must be paid all his dues within three days after submitting his or her resignation letter. However, if the employee had notified the employer of his intention to quit three days earlier, then the employer should pay all his or her wages at the time the employee leaves the company. Neither of these employees are entitled to severance pay in California by law, but are if in the written contract signed by the employee when hired.

 

Penalties

Employers who fail to pay wages when firing employees will be forced to pay penalties up to a thirty days period after the wages became due. California law does not state whether employees are entitled to severance pay. However, employers at their discretion may decide whether to offer it or not to employees who are leaving employment. Various reasons make employers to offer severance despite the fact that it is not in the California laws.

 

Severance Pay Reasons

California employers offer severance pay to cushion their employees from the effect of job termination. Secondly, an employer can offer severance when he knows that there is a dispute with his fired employee. This helps the employer to avoid any future litigation with the employee. If an employee signs the severance agreement, then all his claims about his employer are waived immediately to prevent any further litigation against the employer.

 

If there is any dispute that occurred during the employment, then severance agreement would be the best way of avoiding time-consuming and costly litigation in the future.

 

If an employer wants an employee to drop his claims against him, then he should offer some consideration to the affected employee. Severance pay must be inclusive of the number of years that an employee has worked for the employer. This article is a must-read for California employees who have quit their jobs and are seeking legal redress.

Different Types of Drug Tests in California

drug testing

If you have been newly hired, chances are you will have to submit to drug testing (depending on the type of work you’ll be doing.) But if the drug testing provider is fixed in a single location, then it is a problem because it is not possible for the employees to take the test during the office hours.

Therefore, California Mobile Alcohol Testing service is getting popularity. It is effective and not only new employees, people with suspicious nature; post-accident people can take the drug detection test at his or her own location. The mobile car will come to you and successfully take the test. You will be free from all pains, and you do not have to go here and there.

It is becoming more and more common for companies to require drug testing before offering a job to new employees these days. The main reason for this is that habitual drug users often cost the company a great deal of money due to tardiness, absences, insurance claims and more. It is in a company’s best interests to know if a potential hire will present a financial burden to them or not. Depending on the type of drug test they use, they can show the presence and amount of drugs or alcohol in a person’s system, each giving a different type of result:

 

Hair Follicle Testing

This type of test is more accurate in detailing a history of use by the potential hire. Trace amounts of drugs can be detected in the hair follicle for up to 90 days. This particular test can tell what types of drugs a person has used over an extended period, but cannot give evidence of the person’s present condition of impairment.

 

Breath and Alcohol Testing

With a Breathalyzer, one can measure the amount of alcohol in the blood. Law enforcement officials use these tests to determine whether a person is impaired or intoxicated at a specific time. These tests do not give any evidence or proof that a person is a habitual user and cannot measure activity over any extended length of time.

The results of these tests can only determine the number of drugs or alcohol in the person’s blood at the time of the testing. The person’s history of drug and alcohol use cannot be determined in this way.

 

Mouth Swab Tests

A mouth swab test is designed to collect saliva from inside the mouth to determine what the person has ingested within the previous few hours. It is only used to detect very recent drug activity and will give evidence of nothing long-term. This form of drug testing is probably the easiest to collect and is also less invasive.

The laws governing these types of tests can vary from State to State, and many businesses are now using regular drug screenings for their employees wherever it is allowed. It is vital for a candidate to know that if a positive result comes back on their tests that they are often afforded the legal right to challenge the results and demand a retest or an opportunity to give a reason for the results.

 

Common Mistakes When Filing a Worker’s Compensation Claim

worker’s compensation

The biggest problem people face when filing worker’s compensation claims to receive benefits entitled is usually understanding and knowing the rules. Failure in complying could result in either minimum claim attained or completely denied.

Don’t let the following mistakes cost you a lot of money:

 

Assuming not to be entitled to a worker’s compensation- you do not have to ask yourself this question. If injured at the workplace, then you are entitled to worker’s completion act. It is, therefore, your right to claim compensation for your medical bills, without question.

Failure to report the accident- report the accident to your employer as soon as possible. It should be in writing or in person.

Failure to report to your doctor- all the details of the accident have to be on your doctor’s record. Any information absent will lead to denial of your claim. Don’t give them an excuse. A complete and accurate report is always necessary.

Failure to stay in contact with your employer- be available always for inquiries by your employer even when you do not work. Further information on your occupational injury may be required or you may be required to verify the information you already give.

Seeking coverage through a private health insurance- you should note that your health insurance covers medicals bills and also will not cover for on the job injury. But your worker plan covers all the costs associated with your injury or disability benefits.

Failure to claim due to no event caused the injury- do not assume, you may be eligible to get benefits as long as the injury was along the line of duty in your workplace.

The thought that pre-existing conditions will make you ineligible- as long as your pre-existing conditions are made worse by the injury, you are therefore eligible for benefits. The workplace injury has to be the reason for treatment in this scenario.

What if the employers seek to prove nothing has happened to me? Let this not be a question. To avoid paying for you they may try to prove that you are fine. In this case, it is nice to visit a trusted doctor and hire a worker’s compensation attorney. It is essential for financial help and also for your defense in court for the extremes.

Allowing the employer to “doctor shop”- they do not have the right to direct you to a specific doctor if they at all agree to pay. If they try to switch you to another doctor, you should consult a lawyer immediately.

Avoid costly mistakes and avoid delays by getting your work injury compensation filed correctly the first time.

What the Child Labor Laws in California

child labor

The American child labor laws have really changed the children living environment by protecting them from exploitation. The U.S. processing plants were shooting with a requirement for labor, and children could regularly be utilized and paid lower compensation than grown-ups. The essential wellspring of American child labor laws can be found in the Fair Labor Standards Act.

 

Fair Labor Standards Act

As indicated by the Fair Labor Standards Act, for non-farming occupations, child younger than 12 may not be utilized at all aside from under certain exceptional conditions (like on-screen child characters). In the meantime, children between the ages of 12 and 16 can be utilized in specific occupations for a predetermined number of hours, while a child between the ages of 16 and 18 can labor for boundless hours in non-perilous occupations.

There are various exemptions to these standards, obviously, for example, labor by guardians, daily paper conveyance, and the previously mentioned child performing artists. Horticultural labor for children, then again, is substantially more indulgent, where a child as youthful as 12 might be utilized for a significant number of hours outside of school hours if the guardians give their authorization.

We also have various state laws that add to these limitations. Most states have their laws that mirror the government directions and add to them. For the most part, the more stringent law trumps, the more casual one with regards to child labor laws.

 

Farming Jobs

While child labor is firmly directed in the United States, there are still worries about underage specialists. Numerous children who labor in farming callings neglect to finish secondary school are frequently presented to dangerous pesticides, and experience dangers that prompt five time more noteworthy rate of fatalities than different minors their age who labor. Additionally, they are regularly required to labor exorbitantly for extended periods of time, frequently over 10 hours per day, which is not counting hours spent in school.

 

Acting

Child on-screen characters are another territory of worry for some, watch gatherings. While a standout amongst the most firmly directed classes of youngster specialists, state laws regularly enable the guardians to control their child’s profit. This can prompt frightful debate, particularly amid divorces or other family contradictions.

If you are a business considering contracting a child specialist, you may wish to counsel with a nearby lawyer for exhortation on how best to deal with that laborer. You can discover a rundown of lawyers in your general vicinity, including the individuals who concentrate their practices on labor law, by searching online or in a phone book.

 

Are Same-Sex Couples Entitled to Share Employment Benefits?

same-sex

One of the most important advantages of marriage is that you get an opportunity to share the employment benefits of your spouse like insurance and health. However, same-sex couples have struggled to take advantage of the various benefits. Forget the benefits, they have even struggled to get the right to marry.

 

However, due to the various recent movements, many jurisdictions have started accepting same-sex marriages.

 

Employers

As an employer, you must be wondering whether you have to provide them with the same benefits as received by a heterosexual couple. However, there are still many jurisdictions which are vague in this regard. The decision of the Supreme Court in the US Vs Windsor Case opened the possibility of legalization of gay marriages. However, states have power as well. Not all of them have legalized same-sex marriages. That is why there is so much confusion.

 

States and Marriage Laws

Another question which arises in the mind is whether the LGBT community will be considered as a protected class. If they are considered as a protected class, then they will be safeguarded against anti-discrimination laws.

 

Laws which violate the rights of the protected classes often get overturned. However, sexual preference is not usually considered as a determinant for deciding protected class. Recently, a law which declared same-sex marriage illegal was declared as unconstitutional by the federal courts.

 

But many states have not accepted the decision. So basically, the question is whether they should be considered as similar to heterosexual couples and what an employer should do. The answer is quite simple.

 

It completely depends on the state where you operate. Some states will require you to provide them with the same benefits. In the case of some states, there is no such compulsion. In instances where you operate in multiple states, you should follow the jurisdiction of that state which offers the maximum protection to LGBT communities.

 

Big Corporations

You will also find that most of the Fortune 500 companies have also started offering same-sex couples equal rights and benefits. And in case you operate in just one state, then you have to worry about the jurisdiction of that state only.

 

However, you also have to keep an eye on the various laws which will come related to LGBT community. There is a high chance that laws in the future will require you to offer equal rights to the LGBT community. In case you want to know more about the legal requirements, you can contact a labor attorney and they will be able to help you out in this regard.

 

Construction Accidents Caused By Defective Equipment in California

construction

A lot of companies and industries today rely highly on the use of machinery and equipment for their day to day functions and construction operations. Companies such as the construction, mining, manufacturing, and transportation need to follow basic safety precautions to keep their workers and operations off risks.

 

The companies can be able to keep their industries risk free, but there are dangers that a company cannot manage fully. Machines can malfunction from day to day operations, and such occurrences cannot be prevented entirely but rather managed. This can further prevent risks that can be exposed to their employees too.

Some law firms and companies in California serve as strong advocates for the humanitarian rights fighters for the employees who may get injured in the line of duty. They help the workers to get justice and to understand their rights. They also ensure that the workers get compensation if they get injured or exposed to risks in their jobs.

 

Obligation to Safety

Companies should ensure that their construction machinery is not faulty and that their equipment should not pose dangerous scenarios to their employees. There should be sufficient space created within the working area. This will ensure easy management of the risk if any may occur. Companies should ensure that their workers are working in a risk-free environment and that it does not violet the machinery guarding and operations.

Different companies have handled numerous cases that involve equipment and machinery such; factory machines, tractors, forklifts, dumpers, nail guns, belt sanders, and defective conveyor belts. These are some of the machinery and job-related equipment’s that may pose risks to the employees.
 

What To Do When Injured

If a worker is injured by a defective construction equipment when at work they can be able to help themselves by filing a compensation claim against their employer or company. They may be in turn be eligible for related medical benefits and supplementary income packages to cover them throughout the period that they are receiving their treatment.

Manufactures should also ensure that they produce products that are not defective to their consumers and customers too. This is very important as it will save the company from the costly and the lengthy lawsuits that may accompany such an occurrence. They should test their product to ensure that they are defective free and that they meet the required standards of production and their use.

 

If any defective may arise and cause serious harm to the product user, the next of kin or family may file a lawsuit claim to get compensation from the manufactures. This will enable the family get compensation and know the actual cause of the injury that may be caused by the product or the company. To avoid all this companies and industries should ensure that such risks are well cautioned and prevented from happening.

Social Media and Firing in California

social media

Nowadays, you probably won’t find a single person who doesn’t have a social media account. Whenever anything new comes up, we always first post it on our social media account(s), however, it often draws unwanted attention. This can be a big issue for businesses especially if the post has nothing to do with the business practices.

 

 

Avoiding Problems

In order to avoid such a situation, most businesses have some rules and regulations regarding social media posting. Many have banned posting on social media during the office hours or at least limited the kind of posts which you can make. For example, many organizations have banned employees from making posts related to politics. However, businesses need to make sure that their policies are not illegal.

 

 

At-Will Employment

Most of the places have at will employment, which means that the employee can quit the job any time he or she wants, The employer also has the right to fire the employee unless on illegal grounds like racial discrimination. Hence, if the employer doesn’t like any particular post, he has full right to fire the employee.

 

 

Employment Contracts

The situation is slightly more complicated if there is an employment contract. In an employment contract, the reasons for which the employer can fire the employee is already mentioned beforehand. If social media posting is not listed as one of the reasons, then the employee has the right to sue the employer for breach of contract.

 

 

Labor Guidelines

NLRB can also help you in figuring out when firing is justified and when it is not. Every year, NLRB receives hundreds of complaints from employees who believe they have been wrongly fired. Because of the receipt of so many complaints, they have issued a statement regarding this. As per them, employees have the right to discuss work-related problems with other employees. However, it is necessary to engage other employees in the post. Just merely complaining about work can get you fired.

 

 

First Amendment Rights

Many employees have claimed that they cannot be fired because of social media posting because it violates their right of free speech. However, that right can only be exercised while interacting with the Government. Private companies do not need to follow that. However, if you work for a Govt establishment, then it may apply.

 

 

If you think that you have been wrongly fired because of social media posting, then it is necessary to seek legal help immediately.

How to Deal With Employees Who Are Habitually Sick, Tardy and Absent

employees

Would you like to know how to deal with habitually absent, tardy, and sick employees? An employee may not be coming to work because he/she claims to be sick – others may be habitually coming late. If you want to fire such people, is there a risk?

 

Let us find out.

 

 

What Should I Do?

First, determine whether there are federal or state statutes that apply to the scenario. Then check if your employee has worked for at least a year at your organization and if he/she meets the minimum required working hours. After that, check if FMLA (Family and Medical Leave Act) is covering your employee.

 

If so, he/she is entitled to unpaid leave of up to 12 weeks per year. You can choose not to pay any employee on FMLA leave. In addition, you may tell the employee to notice you early as well as provide certification of their health condition. Although you cannot discipline such an employee, you can transfer him/her to another position with at least the same benefits and pay as the current position. Next, determine if ADA is protecting your employee (Americans with Disabilities Act).

 

The act requires you to accommodate employees with disabilities provided they can fulfill the essential functions of the job. ADA only protects those suffering from something very serious in order to qualify as a disability. Either ADA or FMLA does not say you can tolerate unending absenteeism.

 

If your employee, with no disability, has exhausted his/her FMLA leave, you can opt to fire or discipline him/her. Nonetheless, before you do anything, consider having an expert opinion on state laws from labor laws and an employment lawyer.

 

 

Should I Make An Employee Handbook?

In order to handle such cases with ease, consider including such policies in your employee handbooks. In the handbook, you can include all the above topics and ensure all the employees acknowledge receiving it.

 

Then make sure you enforce those policies equally across the board to avoid any misplaced claims. One of the simplest ways to alleviate such a problem would involve defining each job description as clearly as possible including the essential job functions. If the policies differ from one job category to another, enforce uniformly per category.

 

Nevertheless, when there are no such attendance policies, you can introduce them by noticing all the employees. Having detailed and accurate records can also protect you from discrimination claims.

 

 

Keeping Records

When an employee is absent, record when, why and any disciplinary actions taken if any. You can use those records to fight any claims that may come after terminating an employee. As always, you can contact an attorney if you are facing that situation. He/she may help you handle risks of liability, make appropriate attendance policies and answer difficult questions you have.

 

In addition, you can ensure your business activities like hiring, disciplining and firing employees. Better you spend little now instead of later paying more.

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