Questions I run a small business. Do I have to provide family and medical leave? Am I legally required to give my employee leave to care for a sibling? How much notice can I require of an employee who wants to use FMLA leave? Do I have to let my male employees take paternity leave? Do I have to give
Not many employers provide paid maternity or paternity leave to the new parents in their workforce. No federal law requires you to offer paid time off to new parents. Although a handful of states, such as California, give employees paid time off for the period they are physically unable to work due to
Employees who are victims of domestic violence may have the right to take time off from work. The federal Family and Medical Leave Act (FMLA) may require you to give domestic violence victims time off in certain circumstances, and some states have passed laws that specifically require employers to provide domestic violence leave: time off to handle the medical, legal, psychological, and practical ramifications of domestic violence.
The laws of almost every state require employers to give employees time off to vote or show up for jury duty. These laws vary widely in the details, however. Some require employers to provide paid leave, while others do not; some allow employers to require employees to show some proof that they voted or were called for jury service; and some impose criminal penalties on employers who penalize an employee for taking time off work for these obligations.
A federal law, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, 38 U.S.C. § § 4301 and following), prohibits discrimination against members of the United States military or those who serve in the military reserves. USERRA applies to all private employers, regardless of
It is often difficult for working people to successfully balance the demands of a job with personal and family needs. In response to this much-discussed problem, Congress passed the Family and Medical Leave Act (FMLA). The FMLA requires certain employers to allow their employees to take up to twelve weeks of unpaid leave per year to care for an ill family member, to recuperate from their own illness, or to take care of a newborn or newly adopted child. As amended in 2008, the law also provides time off for employees who need leave to assist or care for family members who are in the military.
Our office secretary is the backbone of our company. Her son is in special education, and she periodically asks for time off to attend various school conferences and meetings about his progress. I don't want to be stingy, but her absences really create problems for us. Do I have to allow her to take time off for these meetings?
Our company has a plant in a rural area. Some of our employees have a long commute to work. Do we have to let employees come in late or leave work early on Election Day so they can vote? If we don't, some of them might not get to their polling place on time to cast a ballot.
One of our employees was called up to serve in the military; he's in the National Guard. He's been gone for more than a year, and has just notified us that he'll be returning home and wants to come back to work. He worked in our accounting and payroll department, but we've long since filled his position. What are our legal obligations here?
We recently switched from a system of offering separate sick time and vacation time to one paid time off (PTO) entitlement. Employees get 12 paid days off per year, to use as they see fit. Employees accrue PTO every pay period; once they reach three weeks, they don't accrue any more unless they use some. We do business in California, and I know we have to pay out unused, accrued vacation time when an employee leaves. But does this include all PTO, even though some of it is supposed to cover sick leave?
Our company operates in California, and I have a question about pregnancy and parenting leave. How much time do off do we have to give employees who are pregnant or have just had a child? I did some research, and it looks like there are about half a dozen laws that might apply. An employee just told me she is pregnant, and I need to know what to tell her about taking time off.