Davtyan Law Firm urges employees to know their rights during the COVID-19 crisis. With the nation seeking to manage the COVID-19 pandemic, nearly ten million workers have, in just a few weeks, been furloughed, laid off, or terminated. The numbers are expected to rise as the pandemic spreads, and measures are enacted at the local, state, and national levels that make it difficult for all businesses, not just small and medium businesses, to maintain their workforce. Many of the unemployed are low-wage and hourly employees like waitresses, bartenders, and hospitality staff.
Employees have rights, and these rights are not suspended or waived just because there is a pandemic. Protected leave such as the Family Medical Leave Act (FMLA) applies to workers no matter how much they make.
In California, there are several labor and employment laws in place to protect employees. In fact, California has more protected leave laws than most other states. Employees in California have the right to be off work for military service, for pregnancy-related disabilities, to donate an organ or bone marrow, to assist sick relatives, or to handle family, medical, or personal matters.
If an employer refuses to provide paid or unpaid medical leave resulting from a serious health condition for an employee or their family member, then that employer is in direct violation of the California Family Rights Act (CFRA).
California Leave Laws protect employees from unlawful discrimination, harassment, or retaliation resulting from requesting or taking protected leave. Employers are prohibited from taking certain actions just because employees exercised their right. Additionally, California has a special set of laws known as the California Family Rights Act (CFRA). These laws protect an employee’s right to paid or unpaid leave. CFRA allows eligible employees to take up to a total of 12 weeks of paid or unpaid job-protected leave for every year they are employed by the same employer.
The most common type of protected leave is the Family and Medical Leave Act (FMLA), which allows an employee to take up to 12 weeks of protected leave for a serious health condition or the serious health condition of a family member, spouse, or domestic partner. In most cases, COVID-19 would qualify as a serious condition. The employer must abide by The FMLA if their business employs at least 50 employees.
The most important component of California Leave Laws is the fact that these laws are ‘protected.’ This means that a California employer is required to rehire eligible employees to their previous position or to a similar position at the end of their leave. The term ‘protected’ also means that employers in California cannot discriminate against, retaliate against, or otherwise take negative employment action against employees who request or take a leave of absence.
Employees who have been discriminated against or faced retaliation or harassment for requesting or taking family leave have a right to file a lawsuit against their employer. Based in California, Davtyan Law Firm focus exclusively on employment law in Glendale, CA. They handle a broad range of employment disputes, including wrongful termination, harassment, discrimination, retaliation, and wage and hour issues.
Based in California, Davtyan Law Firm focuses exclusively on employment law and protecting employees’ rights. The legal team handles a broad range of employment disputes, including wrongful termination, harassment, discrimination, retaliation, and wage and hour issues.