Guide To Special Leaves Under California Labor Laws

Employees setting up business and operation in the Golden state need to be aware of the California labor laws. This is a must knowing the reputation of the state for having one of the most stringent employment laws. Hiring a legal counsel might even be a smart idea so you can avoid employer liability and legal claims in the future.

One of the most complex areas of the California labor law that you ought to understand is the special leaves. On top of the regular leave policies offered by the federal government, the employment law in California has also enacted a few other types of special leaves that employees can benefit from. It is important that you learn about what these special leaves are to properly address issues of absence in the work place amongst your employees, whatever the reason may be.

The general legislation in California is that all businesses with 50 or more employees should provide their workers with two primary leave benefits: the California Family Rights Act or CFRA and the Family and Medical Leave Act or FMLA. To preserve your employer rights and to ensure that your employees get the benefits they deserve, here is a quick guide into the special leaves that your workers are entitled to:

Pregnancy Leave (for female employees) - When one of your employees get pregnant, they are entitled to this type of leave. This is a traditional type of leave employed all over the US, but there are special clauses to the implementation of this law in California. All businesses or companies with at least 5 employees should provide a maximum of 4 months leave to all pregnant employees. This leave policy covers intermittent leave for a few days before or after giving birth. During her return to work, it is important that the employee retains the same or nearly the same position as she previously held before availing of her leave.

Leave for "Physical or Mental Disability" - An employee that has been diagnosed to have a physical or mental disability, regardless if it is a minor or major condition, can enjoy this special type of leave. This particular leave policy is indicated under the Americans with Disabilities Act. If the physical or medical condition is job-related, this will fall under the Worker's Compensation Leave policy wherein an employee can get up to $10,000 in benefits, depending on the claim.

Sick Leave - Not all companies are legally required to provide sick leave credits for employees in California. This is one of the basic employers rights you need to know. But if you do, your employees can avail 50 percent for the number of days they are entitled to enjoy within a 12-month period.

Employee "Time Off" - This special leave is required by the California labor law for companies with more than 25 employees. This "time off" can be utilized by an employee to attend to their child's school activities, to enroll in a rehabilitation program, or to participate in an adult literacy program, among other purposes.

Other special leaves available for employees based upon the California labor laws include any of the following reasons: recovery from becoming victim of a crime or sex assault, law enforcement training, volunteer stint at the firefighting unit, or being elected as a local official.

Jose N. Gordon writes about the various aspects on the California labor laws. To preserve your employer rights and ensure that your employees can enjoy the benefit they deserve, make sure to read his articles.