Visalia Benefits and Leave Attorney

Why Benefits and Leave Matter

Benefits and leave are not just statutory obligations that employers must fulfill; they’re a reflection of the value and dignity of labor. Every worker deserves the right to certain benefits and the ability to take leave for specific reasons without the fear of retaliation or loss of job security.

Common Violations in Benefits and Leave

While there are numerous rules and regulations that employers should abide by, these are some of the most commonly violated:

Denying Overtime Pay

This is one of the most common violations. Employees are often forced to work beyond their regular hours without receiving appropriate overtime pay.

Unpaid Meal and Rest Breaks

California labor laws mandate specific breaks for meals and rest. Denying these breaks or not compensating for them is a violation.

Vacation Pay Issues

Employers often miscalculate or refuse to pay for unused vacation days.

Family and Medical Leave Act (FMLA) Violations 

Eligible employees are allowed up to 12 weeks of unpaid leave for specific family or medical reasons. Denying this leave or retaliating against someone who takes it is a violation.

Minimum Wage Violations

Employers are required to pay employees at least the applicable minimum wage for all hours worked.

Misclassification of Employees

Misclassifying an employee as exempt from overtime pay, despite them not meeting the criteria for exemption, is a violation of labor laws.

Benefits and Leave Laws in Visalia, California

California has always been at the forefront of employee rights, and its labor laws surrounding benefits and leave are no exception. These laws are designed to protect employees, ensuring they are fairly compensated and can take necessary time off without fear. Here’s an overview:

Paid Sick Leave

Under the Healthy Workplaces, Healthy Families Act of 2014, California employees who have worked for the same employer for at least 30 days within a year are entitled to paid sick leave. This can be used for the diagnosis, care, or treatment of an existing health condition or for preventive care for an employee or an employee’s family member.

Family and Medical Leave

The California Family Rights Act (CFRA) mirrors the federal FMLA but has some key differences. Eligible employees can take up to 12 weeks of unpaid leave within a 12-month period for certain family or medical reasons. This includes the birth of a child, adoption, or the serious health condition of the employee or their close family member.

Pregnancy Disability Leave

Separate from CFRA, this provision allows an employee disabled by pregnancy, childbirth, or related conditions to take up to 4 months (or 88 workdays for those who work full time) of pregnancy disability leave.

Paid Family Leave (PFL)

California was the first state to offer paid leave to employees who need to take time off work to care for a seriously ill child, spouse, parent, or domestic partner, or to bond with a new child. PFL provides up to 8 weeks of partial pay.

State Disability Insurance (SDI)

For employees who suffer a non-work-related illness or injury that renders them unable to perform their regular duties, SDI provides short-term benefit payments.

Wage and Hour Laws

Beyond leave policies, California also has stringent wage and hour laws. These include minimum wage standards, overtime pay, meal and rest breaks, and more.

Vacation Benefits

While California law doesn’t require employers to provide paid vacation, if they do, certain rules apply. For instance, vacation pay accrues as it’s earned and cannot be forfeited, even if the employee leaves the company.

Understanding these laws is essential. Many employees are not aware of their rights, leading to potential exploitation. If you suspect that your employer is not adhering to the above laws, it’s crucial to seek legal guidance.