What are the laws regarding Family Leave, Sick Time and Pregnancy Leave?

What are the laws regarding Family Leave, Sick Time and Pregnancy Leave?

California has strict and specific guidelines for family leave, sick time and time off for pregnancy among many other job benefits. Many employers today will deny employees these required benefits and that is illegal. If you feel your employer is not providing to you the time that you are entitled to under California law, you need to contact our benefit professionals at Johnson Attorneys Group now.

Job Benefits You Are Entitled To

Religious holidays and time off for pregnancy or family leave are areas that California law outlines specific benefits and if you are being denied these job benefits, it can be construed as discrimination. When you are denied these benefits, it can leave you feeling overwhelmed, singled out or targeted. Johnson Attorneys Group will help you understand your rights under California Labor Laws and will consult with you FREE today.

Employee benefits are part of an overall employment compensation package that an employee is entitled to that –doesn’t just- include salary and bonuses. Omitting any of these benefits means the employer is out of compliance with state law.

The following are some common benefits that California employers are required by law to provide to their employees.

Social Security Benefits

Employers and their employees both pay equal amounts in Social Security taxes to provide their employees with money upon their retirement. The payroll taxes are imposed on wages and funded through payroll taxes.

Family Medical Leave Act (FMLA)

Under the federal Family Medical Leave Act and related California Family Rights Act (CFRA), employees have the right to take unpaid leave for health or family reasons. This benefit provides the right to an employee to take unpaid leave for up to 12 weeks due to a serious health condition, paternity or maternity leave when a child is born or preparation for a family member’s military service. This only applies to employers with at least 50 employees located within 75 miles in the past 20 weeks. The employee must have worked for the employer at least one year prior to the leave and had at least 1,250 hours worked in that year.

Pregnancy Disability Leave

A California worker who becomes pregnant may take up to four months of disability leave either before or after the child’s birth. This is in addition to the CFRA leave that is described above. The law provides that the employee’s job is protected during this period and they cannot be replaced or demoted. Additionally, the CFRA provides parents of newborns time off to bond with their child prior to the first birthday. The employer must have at least 20 employees on staff for the rule to apply.

California Paid Sick Leave

All California employees, whether they are temporary, part-time or full-time, are entitled to sick pay if they are ill or they need to take care of a sick family member. The employee must work at least 30 days within a given year. They will earn one hour of sick pay for every 30 hours worked beginning on the first day of their employment. Under this California law, employers are required to provide a minimum of 24 hours or 3 days of paid sick leave per year for their full-time employees. If the employer uses the fixed method, the leftover sick days do not roll over to the next year. Under the accrual method, the unused hours can be used the following year and only 48 hours total may accrue. If there is unused sick leave when a person leaves their job, employers do not have to pay their employees.

Workers’ Compensation

All California employees are covered by Workers Compensation insurance. If an employee is injured on the job or becomes sick due to their circumstances at work, the employer is responsible for benefits that include medical treatment, rehabilitation and disability. This benefit is provided to employees regardless of whose fault the workplace accident was.

Holidays and Vacation Time

There are no state or federal laws that require an employer to provide paid time off to their employees, but employers are required to accommodate employees who request time off for religious holidays. You may have a claim against an employer who does not allow you to switch shifts to avoid working on a religious holiday. This may be an example of discrimination based on a person’s religion. Your employer is not required to provide paid vacation time, but if it is a part of your employment contract you are entitled to be paid this money as any other income. For example, if you leave your job the employer must pay your wages for all your unused vacation days.

Final Wage Payment

When a person leaves a job, whether they quit, they are laid off or fired, they are entitled to all wages owed within 72 hours of the resignation. Also, if the employee provides a 72 hour notice, the employer must provide the wages on the last day of employment.

Contact Our California Employment Law Firm

We at Johnson Attorneys Group understand that this may be a difficult time in your life and we are here to help. Our lawyers would like to discuss your potential case. We offer a free initial consultation where we can go over your employment issues. If we decide to take your case, we work on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation. Call us at 800-235-6801 for help.

Answers to Common Employment Law California Questions


My Employer Isn’t Giving Me Time with My Newborn. Can I Fight This?

Under the Family and Medical Leave Act, federal law dictates specific guidelines to allow for growing families to have time with their children and time to recover after a pregnancy. If you feel your employer is violating the FMLA, you owe it to yourself and your family to get professional legal help. We are the leading attorneys in employer law and we will fight to get you the time you need with your family.

Learn More

I Feel I’m Being Discriminated Against. How Do I Know?

The law outlines very specific characteristics that are protected from harassment. If you believe you are being harassed on the basis of race, gender, age, sexual orientation or religion, it’s time to pick up the phone and call our office for a consultation. Discrimination is a serious crime and you do not have to take it any longer. Call us today for a FREE consult to understand your rights under the law.

Learn More

I Am Disabled and My Employer Doesn’t Help Me. What Can I Do?

Every employer in California is REQUIRED to make accommodations for various disabilities in California. The American Disabilities Act outlines specific guidelines for this and if your employer is not providing you the tools you need to do your job, they are breaking the law. Let our team at Johnson Attorneys Group stand by your side and fight back against unlawful behavior in the workplace.

Learn More