Medical Leave

Essential COVID-19 Information for Employers

March 25, 2020 | Davis & Wojcik

COVID-19 (Cornoavirus) was first identified in Wuhan, China in late 2019 and has since spread across the globe. The rapid response of federal, state and local governments has created an adverse impact on local businesses. At Davis & Wojcik APLC, our goal is to help businesses survive COVID-19.

Workplace Safety

California’s Occupational Safety and Health Act of 1973 (“Cal-OSHA”) requires that employers provide “safe and healthful working conditions for all California working men and women.” (Labor Code § 6300). This includes protecting workers exposed to airborne infectious diseases such as the coronavirus.

New COVID-19 Employment Laws

March 23, 2020 | Davis & Wojcik

The Federal Government has passed urgent legislation in response to COVID-19 (Coronavirus) in order to ease the financial impact on families impacted by the disease. The following are important laws that every employee should know about should they become infected by COVID-19.

Paid Sick Time Laws

California has been at the forefront of sick time laws. Currently, California law requires that employers provide 24 hours (or 3 days) of paid sick leave per year for full-time employees, which can be used beginning on the 90th day of employment.

An Employment Lawyer’s Guide to Pregnancy

June 18, 2019 | Davis & Wojcik

Pregnancy is a life-changing experience. Many blogs cover the physical and emotional challenges of pregnancy, but this post is intended to be a step-by-step of guide to the legal rights of expectant mothers in the workplace.

Morning Sickness

Among the many “joyful” experiences of pregnancy is first trimester morning sickness – a nauseous feeling caused by increased hormones. The term is a misnomer because morning sickness can occur at any time of the day – even during work hours.

Understanding California Bonding Leave

March 28, 2019 | Davis & Wojcik

The Family and Medical Leave Act (FMLA) is a federal law that provides job security to an employee who is absent from work because of the employee’s own serious health condition or to care for specified family members with serious health conditions, as well as for the birth of a child and to care for a newborn child, or because of the placement for adoption or foster care of a child with the employee. 29 USC § 2601 et seq.

The California Family Rights Act (CFRA) is the California equivalent of FMLA and provides similar protections. Gov.C. § 12900 et seq. Under FMLA and CFRA, both the mother and father are entitled to leave to bond with the newborn even if the newborn does not have a serious health condition. See 29 CFR § 825.120(a)(2).

The New Parent Leave Act (NPLA), which became effective on January 1, 2018, applies to smaller employers with 20-49 employees. (FMLA and CFRA cover 50 or more employees). Gov. C. § 12945.6. The NPLA requires employers with at least 20 employees to provide up to 12 workweeks of parental leave for eligible employees to bond with a new child within one year of the child’s birth, adoption or foster care placement.

Can I Terminate an Employee Who Doesn’t Return from Medical Leave?

October 8, 2018 | Davis & Wojcik

In California, covered employers are required to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons, such as an employee’s serious health condition. But what happens if the employee is unable to return to work after the protected leave expires? When can an employer hire someone else to fill that position?

Our firm gets this question often from employers who feel they are being “held hostage” by employees who are unable to return to work. Their business suffers from an insufficient workforce, but it will suffer more if accused of disability discrimination.

Under the Family Medical Leave Act (“FMLA”) and the California equivalent, the California Family Rights Act (“CFRA”), an employer is only required to make an offer of equivalent employment. However, the Americans with Disabilities Act (“ADA”) and workers’ compensation laws create additional obligations to “reasonably accommodate” the employee’s disability.