The law will protect workers at small companies.
Under California law, workers are entitled to job protection under the federal Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA). However, these laws only applied to certain employees — those who work for employers with 50 or more workers. Recently, California Governor Jerry Brown signed a bill that will expand these protections to the approximately 2.7 million workers who would otherwise be ineligible for parental leave before because they work for a small employer. Under this new law, parents are entitled to up to 12 weeks of job-protected parental leave at companies with between 20 to 49 employees.
Previously, employees who worked for small companies were entitled to partial wage replacement benefits for their parental leave through the California Economic Development Department (EDD). But according to California employment lawyers, a significant portion of California’s workforce did not have job protection for their parental leave. This meant that many new parents — whether they had biological children, adopted children or foster children — did not take leave out of fear of retaliation. This could come in the form of reduced hours, a demotion, or even termination. The new law ensures that employers not only have to offer employees the full 12 weeks of parental leave, but that their jobs are protected and employers cannot retaliate against them for taking that leave.
There are many benefits to parental leave for both new parents and children. For new mothers, paid family leave, especially with job protection, can increase wage growth as well as future employment rates. Fathers can become more engaged with their children by taking parental leave. Children enjoy better health and increased high school graduation rates when one or both parents take parental leave. These short and long term impacts cannot be discounted.
Of course, as with any law, it is still possible that employers will violate the new rule and discriminate or retaliate against parents who take leave after the birth or adoption of a child. In that situation, a skilled California employment lawyer can help you evaluate your options. Depending on the size of your employer and the type of discrimination or retaliation, you may be able to file a claim against your employer for violating state or federal law. Having a highly experienced, knowledgeable California employment lawyer is critical to understanding your rights and knowing how to move forward to protect your claim and ability to seek compensation and justice.
At PLBH, our attorneys have more than forty years of experience helping employees who have been treated unfairly in the workplace. We have a depth of experience and knowledge that is invaluable to our clients as we navigate the legal system on your behalf. We will advise and counsel you on your options, giving you peace of mind in knowing that you are making the right choice for your case. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a free initial consultation.