Brownness

Pregnancy Disability Leave Overview: Legal Reasons #58

​​Employers with five or more employees are covered by California’s pregnancy disability leave law.

Covered employers

PDL is state law. Employers with five or more employees are covered.

Maximum amount of leave

The actual time designated as disability related to pregnancy is determined by the employee’s health care provider. The maximum amount of time available is four months, or 17 1/3 weeks per pregnancy. Note that if an employee is disabled longer than four months, she may be entitled to a leave as a reasonable accommodation for her pregnancy-related or other disability.

Employee eligibility

Employees who work for covered employers are eligible for PDL upon hire.

Reasons for leave

PDL can be used for any time the eligible employee is disabled by pregnancy, childbirth or a related medical condition.

Employer responsibilities

Post required posters, include a PDL policy in your employee handbook and send a notice to any employee who needs PDL.

Interaction with other leaves

Can run concurrently with federal Family and Medical Leave Act (FMLA) absences but not with California Family Rights Act (CFRA) absences.

Ending the employment relationship before the leave expires

The employee cannot be subject to adverse employment action because she used PDL. Seek legal counsel before terminating anyone on PDL.

Return to work

The employee is entitled to reinstatement to the job she held before PDL began.​

Brownness

When to ask for Child or Spousal Support: Legal Reasons #54

When should you ask for child support or spousal support?

In terms of the divorce process, if you are inclined to ask for support or if you need it, you have to do it as soon as possible and ideally around the same time as the initial filing. Because of one the factor in family code 4320 is need, if you do not ask for spousal support for a very long time – let us say your divorce takes two years and you don’t ask for support – the court is not likely to find that you need it when you request it later. Therefore, whether you are the husband or wife, if you need the money, ask for it right away. Checking off the box in your petition or response is not enough, all it accomplishes is to notify the Court that it is a decision it needs to make at some point. You have to formally file a request for spousal support. Most of the time, the person needing the money is the one filing the request. I have never seen somebody who may be responsible for paying spousal support be the one to file a request to have the Court issue an order. It is “almost always” the responsibility of the person who needs the support to submit a request as close to the beginning of the divorce as possible.

Brownness, employment law, Legal

48 hour Sick Leave Law In Effect in City Of Los Angeles: Legal Reasons #56

The City of Los Angeles has a mandatory paid sick leave (PSL) law which is part of its minimum wage ordinance and which has been in effect since July 1, 2016, for employers with 26 or more employees.  The Los Angeles PSL ordinance will begin to apply to employers with 25 or fewer employees on July 1, 2017.

From an employer perspective, one of the toughest challenges of these local PSL ordinances is that the rules can change at any time. That is precisely what happened with Los Angeles’s ordinance when the city recently revised the rules and regulations relating to this ordinance. The city also revised its answers to frequently asked questions (FAQ).

Some of these changes or clarifications are important, providing information on topics such as:

  • How to determine business size;
  • How to pay employees for sick time;
  • When an existing paid leave or paid time off policy can satisfy the requirements of the ordinance;
  • How to use the frontloading method during the first year that the law applies to an employer and in subsequent years; and
  • Whether a maximum cap on accrued hours is allowed.

The Los Angeles PSL ordinance contains different provisions than the state PSL law. Employers with businesses in a city with a local PSL ordinance need to comply with both the state and the local law. For each provision, protection or benefit, employers will need to provide whichever is more generous to the employee.

More information can be found on the Office of Wage Standard’s website.

Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content

The City of Los Angeles requires employers to post a minimum wage and paid sick leave poster. CalChamber’s Los Angeles Labor Law Posters contains the official notices employers must post in Los Angeles City and Los Angeles County.

Brownness

Vision Over Circumstance

Sometimes the weeks and days merge into one, and I wonder if what I am doing matters. It is easy to talk about all the stuff I get done during day, all my accomplishments, but deep within there is a constant battle of whether any of it really matters. Each day, I visualize a better me (spiritually, emotionally and physically) and express gratitude for what I have, yet there is a constant nagging feeling that I am not doing enough or that what I do is unnoticed by others. And then I see a beautiful sunrise, and it feels Papa is telling me I got you son. You are doing the right thing. The eyes fill up with tears once in a while, but that silence morning communion with him also does the job of bucking me up.

His morning routine I am adapting into my own, and I treasure this alone time as I am surrounded by my vision and doubts. Both do a daily battle, and I have to say my vision is winning more often than it used to.  Still, that’s not to say that mornings when I get to also grieve and really allow myself to miss him. The rest of the time belongs to my vision. It is the only I allow myself to be in my shit. Only time when I miss him with such ache that I wonder how others do it. Yet, the pain also subsides a bit each time I do something I feel like he would be proud of (namely law, being in service to others, waking up early. etc).

It helps to have these moments, to see my life as that bloody beautiful sunrise because happiness will always come through vision over circumstance.

Brownness, Food For Thought, Journal

Task Disorientation

03a50aaa6de20f2e334f7298d1524bcb Last week, my laptop stopped working, I had two flat tires, I was unable to get to the gym daily, and had a huge breakdown in communication with a loved one. I stewed about all the tasks I did not get to. Over and over, I kept scolding myself for not holding myself to getting my daily and weekly tasks to a point where I felt like a complete and utter failure. And then I took a breath.  I realized that yes I didn’t get to all my tasks, but how I handled what came up mattered more

I got a new laptop, got a great deal on the tires, and was able to have an intimate and vulnerable conversation with the loved one. Then there were other things, I hit 245lbs on my front squat, learned a bit about how to increase blog subscribers, discussed with my cousin about the podcast, revised a personal essay, saved the company from an HR mistake, and settled a claim for a client who was so grateful she hugged me 4 times.

It hit me that I still needed to not get so caught up in getting tasks done that I failed to accept what my overall goals were for myself. Too often, I lost myself in the to do list, and stopped living life when the whole point of the tasks was to live a life worth living. So I stopped and learned to be grateful for the blessings life threw my way. Thanked the universe for disorienting me, forcing me to slow down and know that no matter that I did not get to all my tasks the way I wanted, but I am still further from my starting point.

Brownness

TheSeeds4Life|Seeds of Inspiration, Happiness, Love, and Wisdom

Short daily motivational and inspirational messages, life quotes and sayings, lifestyle and self-improvement articles. Find the words of encouragement that you need for your personal growth.

Source: TheSeeds4Life|Seeds of Inspiration, Happiness, Love, and Wisdom