unpaid leave Archives - UELG https://www.california-labor-law-attorney.com/tag/unpaid-leave/ California Labor Law Attorney Tue, 25 Feb 2020 09:52:50 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg unpaid leave Archives - UELG https://www.california-labor-law-attorney.com/tag/unpaid-leave/ 32 32 Frequently Asked Questions About Labor Unions in California https://www.california-labor-law-attorney.com/frequently-asked-questions-labor-unions-california/ Mon, 09 Jul 2018 09:17:40 +0000 https://www.californialaborlaw.info/?p=1091 The National Labor Relation Act restricts employers from denying employees to form and join trade unions to help them collectively […]

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Professional men sitting at a table discussing business with a teapot in the center

The National Labor Relation Act restricts employers from denying employees to form and join trade unions to help them collectively bargain to improve their conditions and terms of their employment. Similarly, workers unions should not interfere or coerce workers when exercising these rights. This article will answer frequently asked questions on labor unions that you need to know.

What are examples of employer’s conduct that violates the right of employees?

  • Threatening workers that they will lose their benefits if they join a trade union
  • Questioning workers about their involvement in labor unions activities
  • Promising employees benefits to distract them from supporting union activities
  • Punishing, laying off, terminating employees who are involved in protected union activities
  • Threatening that they will close the factory if workers choose a union to protect them

How do workers form labor unions?

When employees want to improve the working conditions and terms of their jobs, they work National trade union to form their chapter. Once most workers show their interest in creating a union, sometimes employers allow them to continue. After they are allowed, they can request the government to conduct elections of the union officials. Afterwards, they draft a collective bargaining agreement that explains the responsibilities and rights of each party in the organization.

What are the examples of labor union activities that are not lawful?

  • Threatening employees that they risk losing their jobs if they don’t join union
  • Compelling employers to suspend employees for not being their members
  • Fining workers who have resigned after they were involved in a protected activity
  • Striking over matters not related to the conditions and terms of employment
  • Engaging in misconduct when their members are picketing

 

What rules are applied when collectively bargaining for a contract?

After workers choose labor unions to bargain for them, both the union and employer should meet and start to negotiate about hours, wages, insurance, and safety practices. Some managerial decisions like relocation and subcontracting.

It is unfair for either party to refuse to bargain collectively with the other, they must reach an agreement.

If no agreement is reached after bargaining, the employer will implement the last offer that they had agreed with the union. However, the union may disagree with the employer’s impasse reached and may file charges for unfair labor practices by the employer. The NLRB will assess whether the impasse was reached and may compel the employer to go back and bargain.

All kind of workers are eligible to join unions to help them advocate for better salaries and working conditions. Many workers are joining these unions than ever before, including nurses, graduate employees, engineers, and poultry workers.

 

What are the significant achievements of unions?

Unions have been fighting to improve the lives of working Americans and their families. They have managed to achieve the following:

  • Parental and pregnancy leave
  • All breaks at the workplace (such as lunch breaks tea breaks etc.)
  • Paid vacations and weekends.
  • Social security
  • Sick leave
  • Minimum wage
  • Child labor laws

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Paternity Leave Laws in California https://www.california-labor-law-attorney.com/paternity-leave-laws-california-2/ Mon, 29 Jan 2018 09:04:19 +0000 https://www.california-labor-law-attorney.com/?p=1322 Photo Credit: Olesia Bilkei/Shutterstock.com Paternity leave is defined to be a time off from work that a father who has just […]

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Father tending to baby in a crib

Photo Credit: Olesia Bilkei/Shutterstock.com

Paternity leave is defined to be a time off from work that a father who has just had his child or adopted a child is entitled to. This leave is under the Federal Family and Medical Leave Act. Although a few states offer paid paternity leave, the act guarantees 12 weeks of unpaid leave.

The California Family Rights Act (CFRA) demand that employers that have more than 50 employees should offer their employees unpaid leave. From January 2018, employers with more than 20 employees are required to offer the same leave condition thanks to the New Parent Leave Act (NPLA).

Who is Eligible for Paternity Leave?

There are conditions to be eligible for these leave provisions. One must have worked for the particular employer for at least 12 months preceding the leave. This translates to 1250 hours. The work location should also be such that the employer has the at least 50 employees within a 75 mile radius.

The Time You Get

If one is eligible for the leave, you are allowed to take 12 weeks leave within the first year of the arrival of the child whether by birth, adoption, or foster placement. The fathers get to enjoy the same leave amount as the mothers. However, the female employees are entitled to additional time due to the fact that they get pregnant and give birth. Female employees have more privileges courtesy of the California Pregnancy disability leave

Reinstatement Following the Leave

At the end of the leave, the employer is required to reinstate the employee. The reinstatement must be on the same position held before the leave or a comparable position. The comparison under these circumstances should be with regard to the remuneration, location, and duties. These laws are provided to prevent any form of discouragement from taking the leave through punitive measures.

Requesting the leave

There is a provision by law on how to request a leave. For paternal leave, the request must be made with at least 30 days’ notice considering that the leave is foreseeable. If the leaver is not foreseeable in cases such as early birth, the employee is obliged to give notice on the soonest and practicable period.

The spirit of the law with regards to parental leave is to allow parents and their newborn to bond. Children who have just been born need the attention of both parents. On the other hand, new parents are often not able to concentrate and be psychologically present at work. This period eases this transition of state for both parent and child


Photo Credit:Shutterstock/Olesia Bilkei

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