Protected Leave Law
Protected Leave – Labor Law Attorney
The state of California recently passed a new law that provides greater protections for employees taking protected leave. This law, commonly referred to as the Protected Leave Law, is designed to ensure that workers are not discriminated against or mistreated when taking necessary leaves of absence from their jobs.
Protected leave is an important part of the state’s new labor regulations—and understanding it can be crucial for both businesses and employees alike. Seeking the help of qualified legal counsel is essential. A qualified and reputable labor law attorney specializes in employment and labor law and can explain clearly the legal implications and ramifications surrounding Protected leave.
Rights and benefits of protected leave
Most workers in California have certain rights and benefits when it comes to protected leave. The Protected Leave Law ensures that employees are not denied or disadvantaged for taking extended absences under very specific circumstances. Let’s discuss the different rights and benefits of protected leave in California, including job security, adequate compensation, and more.
In the state of California, all employees are allowed to take time off from work for certain qualifying events without fear of being reprimanded or fired from their job. Protected leave provides employees with compensation while they are away from work due to illness or other personal issues, such as caring for a family member who is ill.
Employees may be eligible for up to six weeks of paid sick leave depending on their employer’s policies. In addition, employers must continue to provide employee benefits like health insurance during the duration of the employee’s protected leave period.
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a law that protects employees from being discriminated against for taking unpaid leave due to medical or family emergencies. This law provides workers with up to 12 weeks of unpaid leave per year, allowing them to take time off without fear of losing their job or having their wages reduced.
The FMLA applies to all employers in the United States with at least fifty employees and protects employees who need time off for medical reasons, parental leave, military deployment, or other family issues. It also requires employers to maintain the same health insurance coverage for an employee on an approved FMLA leave as they would if they were actively working. The FMLA also ensures that upon returning from leave, the employee will be reinstated in the same job or an equivalent position with similar pay and benefits.
For FMLA eligibility, an individual must be employed by a covered employer for at least 12 months and have worked for at least 1,250 hours during the year preceding the leave date. The employee must also be experiencing one of the following life events:
- Birth of a baby
- Care for a sick immediate family member
- Leave request to take care of a military family member
- Military qualifying exigency*
- Placement of a child for adoption or foster care
- Serious health issues of the employee
The benefits of protected leave are the employee will be entitled to job protection and an extension of the conventional 12-week leave entitlement. The employee may also receive up to 50 percent of their salary if they continue to work part-time during their leave.
What is a qualifying exigency?
Under the Protected Leave Law, which was passed in 2013, employees are guaranteed up to 12 weeks of unpaid leave from their job for various reasons like those stated above. But regarding military-related absences, “qualifying exigencies” are a subset of this law that allows workers to take time off in certain circumstances related to their family’s active military service.
The Department of Labor defines “qualifying exigencies” as situations that arise when a spouse, son, daughter, or parent of an employee is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation. The bill requires that employers comply with the same requirements for military family leave as they do for similar types of extended absences, such as sick or bereavement leave.
More reasons to hire a labor law attorney
When it comes to employment law, the protection of workers is always of utmost importance. Understanding labor regulations and their implications for businesses can be daunting for employers and employees alike. Let’s explore some other common reasons why people are hiring labor law attorneys to ensure compliance with local, state, and federal regulations.
- Wrongful termination
Protection against wrongful Termination is a critical issue that employers are constantly facing today. In the United States, federal and state laws provide employees with protection against wrongful termination and other forms of discrimination in the workplace. One such example is the Protected Leave Law, which was created to ensure that employers cannot fire or take other retaliatory actions against employees who take leaves of absence for certain reasons.
- Severance packages
When it comes to protecting your employees, a severance package is a crucial tool. Putting together a beneficial and fair severance package for your employees can be a challenging task. It requires the company to consider the employee’s rights and needs during the transition period following the end of employment.
A severance package typically includes conventional paycheck compensations, unused vacation and sick days, bonuses, healthcare benefits, and any other forms of compensation depending on the individual’s contract with the company. Many businesses often hire the best labor law attorneys to help them craft these often-complex severance packages.
- Workers Compensation claims
Workers’ compensation claims are a vital aspect of the workplace. They provide a way for employees to receive financial and medical benefits when they become injured or ill because of their employment. Workers’ compensation claims can be difficult to understand and navigate.
However, it’s important for employers and employees alike to understand their rights and responsibilities associated with filing these claims— including the types of injuries that qualify for coverage. For employers or employees who need help with workers’ comp claims, they tend to hire legal counsel experienced in federal and state labor laws.
Hiring the best labor law attorney in Los Angeles
Finding the right labor law attorney can be an overwhelming task. Hiring a qualified and experienced lawyer will ensure that your rights are not violated and that you can take advantage of any protections afforded by the recently passed Protected Leave Law.
Choosing a proper lawyer with specialized knowledge in this area of law is key to ensuring success when filing a claim or ensuring that your employer is following all applicable laws. An effective lawyer will have experience dealing with complex cases related to the Protected Leave Law, have expertise in understanding its implications on employees, and have strong problem-solving skills to effectively represent their clients’ interests. For more information on protected leave in California and hiring the best labor law attorneys in Los Angeles, contact The Point Law Group today.
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WE CAN GO THE DISTANCE
Some cases do not settle. But if you are represented by Point Law Group, LLP, then you are represented by a firm that is capable of fighting for you all the way to the end. We have experience in trials before juries, judges, and arbitrators. Point Law Group, LLP’s clients can rest assured knowing that, if needed, they have counsel that is prepared to litigate that matter to its conclusion.