Wednesday, September 10, 2008

California Combo Law for Employees’ Protection

There are at least two good employment laws, which specifically protect employees with special concerns in California. They are:

1. The Family and Medical Leave Act (FMLA)
2. The California Family Rights Act (CFRA)

The FMLA is a federal law while CFRA, needless to say, is a state law. CFRA covers employers who do business in California and employ 50 or more part-time or full time people.

Combined together, these laws protect employees by allowing eligible employees to take a paid or unpaid job-protected leave which can last up to a total of 12 weeks per calendar year.

Because of these laws, employee can take a job-protected leave provided his/her reason/s fall under any of these:
• He/she is unable to work because of a serious health condition
• To care for an immediate family member – spouse, child or parent, with a serious health condition
• There is birth in the family or adoption of a child or foster care placement of a child

Another good feature of these laws is that they provide that while an employee is on authorized leave, FMLA or CFRA, his/her dental and eye examination benefits will remain.

However, eligibility for leave under these laws must comply with the following conditions:

• he/she must have been employed for a total of 12 months
• must have physically worked 1,250 hours in the year preceding the date on which the FMLA/CFRA leave is to commence

Needless to say that any violations of these laws on the part of the employer can expose the employer to complaints from the affected employees. If denied these benefits, the employer is entitled to eventually file suit against his/her employer with the help of an employment law attorney.