California New Leave and Benefits Laws

By Mike Radvak Employee Rights 1250 hours, benefits, leave, parental leave

Father tending to baby in a crib

There are new developments within the California labor laws. The developments are as a result of Gov. Jerry Brown asserting some bills into law. The scopes of the new laws are wide. They range from health and safety laws, wages and hours, leave and benefits, workplace protection, and hiring practices laws. As such, lawyers should be up-to-date with all these laws for easy practice and guidance to their clients. Such laws apply to all California residents.

Some of the said laws were effective from 1st January 2018. Employees and employers will also benefit by knowing the nitty-gritty of these laws for they are not only applicable to the legal minds. That being said, all concerned parties should comply with the laws to avoid rubbing shoulders with the law. Remember, ignorance of the law is not an excuse whatsoever.

California employees are protected by the labor laws and are entitled to several benefits. Among these benefits include the right to go on parental leave. It is a crime for employers that have more than 50 staff members to deny them a bonding leave with their children, foster or adopted children. Such leaves are expected to last for 84 working days spread in a manner that is most suitable for concerned parties.

For an employee to be eligible for such a leave, they must have:

a) Worked for at least duration of a year (12 months) within the firm of employment.

b) Worked in the firm for at least 1250 hours (equivalent to 52 work days) within the past year (12 months)

c) Been actively employed in a workstation with at least 50 or more staff members within a 72-mile radius from the site of work.

Small California firms are also expected to provide bonding leaves to their staff. Such firms are the ones that employ 20 to 49 staff members. Employees of these firms qualify for bonding leaves if:

a) They have worked for gain in the firm for at least a year (12 months)

b) They have worked in the firm for at least 1250 hours ( equivalent to 52 work days) within the past year (12 months)

c) They have been actively employed in the workstation with at least 50 or more staff members within a 72-mile radius from the site of work.

Staff members qualify to request for such a leave (bonding leave) within 12 months (1 year) of foster care placement, adoption or birth of a child. Additionally, it is a crime for employers to refuse to pay or maintain a steady insurance health plan cover for employees on parental leave. The new law strongly condemns and prohibits employers from discriminating their employees based on the reason for taking a parental leave. Suspension, expulsion, refusal to hire or firing employees because of taking parental leave is unlawful and will lead to legal consequences.

Photo Credit: Shutterstock Olesia Bilkei

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