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Paid Medical Leave

California employees have many options if they become sick and need to take paid medical leave. All workers should understand what these laws entail.

Both California and federal law provides options for employees that become sick and have to take time off to care for their medical condition. In some instances, employees can also receive pay if they have to care for a family member suffering from a medical condition. If you are an employee in California, it is important to know what the law says and how you are protected.

The Families First Coronavirus Response Act and FMLA

The Families First Coronavirus Response Act (FFCRA) was enacted in response to the COVID-19 pandemic. It is considered an extension to the Family and Medical Leave Act (FMLA). The FFCRA is set to expire on December 31, 2020, although legislators may extend it once again.

The FFCRA provides employees with up to two weeks of paid leave at their regular rate of pay if they have to quarantine, or are showing COVID-19 symptoms and are waiting for a diagnosis. The Act also allows employees up to two weeks of paid sick leave if they have to care for someone under quarantine orders, or if they have a child unable to attend school or childcare. Only employees that work for an employer that has 500 employees or less are covered under the Act.

Assembly Bill 1867

In early September of 2020, Governor Newsom signed Assembly Bill 1867 into law. The bill enacted new sections of California’s Labor Code. The law allows certain employees not covered by the FFCRA to take paid medical leave. The law allows employees to take up to two weeks of paid medical leave, although the amount of earnings differs depending on whether the employee is considered full-time or part-time. The law is set to expire on December 31, 2020, or whenever the FFCRA expires.

General Paid Sick Leave Law

Although new legislation has been enacted to help California residents deal with the pandemic, there are general laws that provide employees with paid medical leave, as well. Under the Healthy Workplace Families Act of 2014, employees that work in the state for 30 or more days within one year from the start of their employer are entitled to paid sick leave. All employees, regardless of their position, earn at least one hour of paid leave for every 30 hours they work. Employees begin to accrue the sick leave on the first day they begin work.

Has Your Employer Denied You Leave? Call Our Murrieta Employment Lawyers

If you are suffering from a medical condition and need to take time off to care for it, the law may allow you to take paid leave. If you have asked for paid leave and your employer has denied the request, our Murrieta employment lawyers at Gibbs & Fuerst, LLP, are here to help. Call us today at (951) 291-9814 or contact us online to schedule a free consultation and to learn more about how we can help.