Archives for August 2020

Does FMLA Leave Have To Be Used All At Once?

The short answer is no. The Family Medical Leave Act is federal legislation that protects an employee’s right to take 12 weeks of unpaid leave underĀ qualifying circumstances. During leave, the employee’s job is protected – meaning the employee can’t be terminated while on leave. Upon the employee’s return, the employer must provide the same position or a similar one with equivalent or better pay and benefits than before the leave was taken.

Qualifying circumstances include the following:

  • Preparation for the birth of a child and to bond with it as a newborn;
  • Adoption of a child or placement in foster care to permit a bonding period;
  • When an immediate family member (such as a child, spouse, or parent) with a serious health condition needs care from the employee;
  • When the employee is themselves afflicted by a serious health condition that prevents them from working; and
  • Qualifying needs for an employee’s immediate relative who is on covered active duty as a member of the military.

Depending upon your reason to take leave, you may be wondering if you must take your 12 weeks of FMLA leave all at once. In short, the answer is no – but there are certain considerations you make take into account before asking for anĀ intermittent or reduced leave schedule.

What Workers Should Know about Intermittent & Reduced Leave Schedules

While you cannot extend the total amount of leave time you get, under certain circumstances you may be able to pace it out in a way that makes it last longer over the 12-month period where your qualifying reason remains valid.

In other words, it’s possible to work out a system where you continue your work in between time off for your FMLA-qualified reason. You can accomplish this by arranging a modified or reduced schedule with your employer that uses your 12 weeks of FMLA leave to adjust your otherwise employer-required daily or weekly schedule.

Such can be the case if you are caring for your own serious medical condition or that of a relative, especially when regular visits to the doctor or hospital are anticipated. Employees who want to take FMLA leave to bond with their newly born or adopted children can also be taken intermittently, but an employer must approve the schedule proposed by the employee.

Despite the flexibility that may be afforded in how FMLA leave can be used, an alternative arrangement of leave time cannot extend beyond 12 months after it began.

Contact Haeggquist & Eck, LLP for Legal Help

At Haeggquist & Eck, LLP, it’s our goal toĀ help employeesĀ hold their employers accountable for violating their employment rights. We are fearless advocates for our clients who were taken advantage of or abused by their employers. It’s our job to help them fight for justice through fair and just compensation while holding their employers accountable for violating their rights.

If you think yourĀ FMLA rightsĀ were violated, reach out to Haeggquist & Eck, LLP today to schedule a case evaluation. After learning more about your situation, we’ll be able to assess whether or not you may have a strong case. We’ll also inform you of potential options you have for moving forward with your claim, and how our firm can help you fight for what you deserve.

Take advantage of our free case evaluation by scheduling yours today. Call us atĀ (619) 342-8000Ā or fill out ourĀ online contact formĀ to get in touch with someone who can help.

Are You Getting Equal Pay? Here’s What To Do If You Have Doubts.

Women and people of color have been perpetually fighting for equal rights in the workforce. While great strides have been made in the last several decades, there are still many reasons why the fight for equality at work is far from over.

Unfortunately, one of those reasons is equal pay. Despite the federal Equal Pay Act of 1963 and California’s own legislation that bans wage discrimination on the basis of sex or race, women and people of color across the state and nationwide aren’t being paid the same as their white male coworkers when they work in substantially similar roles.

If you’ve ever wondered if you’re being paid an equal wage, there are a few ways you can find out. Read about a few of these ways below to determine if you might be underpaid.

Do Some Research Online

If you’re wondering if you’re being paid a fair wage, there are a few places online where you can easily compare what you make to self-reported data anonymously posted by others. Sites likeĀ GlassdoorĀ andĀ PayscaleĀ can help you determine how your wage or salary stacks against those reported by people with similar roles at other companies across the United States. You may even be able to find data from current or former coworkers at your company to get a more focused view of how well you’re being paid.

When you’re comparing rates, however, take into account unseen or unreported factors like how long someone may have been with the company, what kind of prior experience did they have before getting hired, and – if you’re looking at data from another state – how the cost of living can factor into disparities. That said, wide disparities in pay that can’t be easily explained are worth exploring.

Leverage Your Professional Network

Chances are you’re connected by one or two degrees to people who hold your title at a different company or have held it in the past. Asking these professionals what they would consider to be reasonable pay and benefits for the job is one way of doing a more direct and personal type of market research.

Talk With Your Coworkers

Perhaps the most direct way of figuring out whether or not you’re being paid a fair wage is to directly ask your coworkers what they make. This may be the hardest option to pursue because you are probably only likely to get an answer out of coworkers who feel comfortable sharing what they make.

Keep in mind that discussing your wages isn’t something your employer can punish you for doing, but you shouldn’t pursue an answer from a coworker who is unwilling to share their information.

What If I Find Out I’m Being Underpaid?

If you find out you are being paid much differently than coworkers who share substantially similar roles and experience to your own, you should consider reaching out to an employment law attorney for guidance on what to do next.

At Haeggquist & Eck, LLP, we can help you navigate the issues you may need to address in a meeting with your supervisor to discuss your pay at the company compared to your coworkers’. If it appears likely that your pay is artificially lower than your coworkers’ as a result ofĀ discrimination, and your company is unwilling to make necessary adjustments, our attorneys can advise you of next-step options for taking legal action.

By working with anĀ employment lawyerĀ from Haeggquist & Eck, LLP, you can recover the fair and just compensation you deserve from an employer who violated your right toĀ equal pay.

For more information about how we can help, schedule a free consultation by callingĀ (619) 342-8000Ā or by filling out ourĀ online contact form.

Do I Have Employee Rights If Housemate Is High-Risk For COVID-19 Complications?

You care about the people you live with. Whether it is a member of your family, a friend turned roommate, or your partner, you have likely all substantially changed how you live your lives as a result of the COVID-19 pandemic. Maybe workplaces have pivoted to a remote “work from home” structure, meaning you might be spending more time with your housemates than ever before. Other workplaces, including essential businesses, have been permittedĀ to operate under modified conditions.

While many have returned to work, the risk of transmitting COVID-19 still exists, and in some areas, it may be more possible than ever. It is conceivable that one could catch the virus at their workplace and unintentionally bring the illness home, where mask use and distancing are not typically practiced among housemates. This would be unfortunate enough, but there are situations where your roommate or loved one has an especially high risk for developing severe illness due to COVID-19. These preexisting conditions likely shape the level of risk they are willing to individually take. However, if you do not share these conditions, you may still be expected to work.

You may be wondering, then, if you have any employee rights if someone you live with is at particularly high risk for developing severe illnesses as a result of COVID-19. Below, we cover what California and federal guidance requires in these situations.

Am I Entitled To Any Accommodations If My Roommate Could Be Severely Injured by COVID-19?

In short, the answer is probably not.Ā While California and federal laws require employers to provide reasonable accommodations toĀ pregnant employeesĀ andĀ employees with disabilities, including when pregnancy or disability puts them at greater risk for severe illness from COVID-19, these accommodation laws do not definitively extend to an employee’s family member or housemate that is high-risk.Ā This is especially true if the only factor contributing to that person’s high-risk status is their age. Age has statistically shown to be a significant factor in the severity of illnesses experienced following COVID-19 transmission.Ā Because age is not considered a disability,Ā employers are not strictly required to reasonably accommodate employees whose only concern stems from the age of housemate.

What this means is that an employee who does not independently need an accommodation for their own disability or pregnancy generally will not be entitled to an accommodation. This can result in requests to telework to avoid potential exposure to COVID-19 will be denied if the only reason for the request is to protect a high-risk hosuemate.Ā Despite this, employers may still choose to provide such accommodations to non-disabled employees; however, in doing so, the employer must be sure to provide such accommodations consistently. An employer can intentionally or inadvertently violate the law if they play “favorites” in granting telework or other accommodations on these terms. If an accommodation is extended to one employee with high-risk housemates, that same accommodation must be granted to other employees with similar situations.

Eligible employees are also entitled to unpaid, job-protected leave to care for a spouse, parent, or dependent child that actually has (and is not just at risk for) a serious health condition, including COVID-19. If a high risk housemate tests positive for COVID-19, for example, you have the right to take protected (though unpaid) leave to care for them while they are ill. This can become especially important to responsibly behaving during the pandemic: If you live with them and they test positive, you are also likely to be exposed and should avoid returning to the workplace until you have been cleared through testing.

How Associational Discrimination Could Influence Cases Involving High-Risk Housemates

There is one potential workaround in California that could benefit those seeking accommodations to protect their high-risk housemates. This caveat concerns the lesser-known claim for “associational discrimination.” California and federal laws prohibit discrimination and harassment based not only an employee’s protected status – including disability, age, national origin, sex, or pregnancy status – but also on an employee’sĀ associationĀ with an individual within a protected class.

For example, it is unlawful to refuse to hire, segregate, send home, demote, or terminate employees because of their association (including marriage or cohabitation) with someone based on their disability, age, national origin, pregnancy status, or sex.Ā TheĀ Equal Opportunity Employment CommissionĀ (see FAQ D.13) made clear that federal associational discrimination law does not require an employer to accommodate an employee without a disability based on the disability-related needs of their family member or other person with whom they are associated.

California law, however, is less clear. In fact, while California has not specifically ruled on the issue, it has recognized that California’s associational discrimination law may reasonably be interpreted to require accommodation based on the employee’s association with a disabled person. In other words, if you have a housemate that is disabled (and thus high risk for developing a serious illness as a result of COVID-19), it may be considered associational discrimination if an employer refuses to accommodate or otherwise retaliate against you for requesting those accommodations.

If you believe you are being treated differently because of your association with a person who is high-risk for COVID-19, or if you have been denied accommodations for your high-risk family member or housemate, you may be able to hold your employer legally accountable. The employment law attorneys of Haeggquist & Eck, LLP will work with you to learn about your situation and seek fair and just compensation if your employer is breaking the law.

Contact us onlineĀ or call (619) 342-8000 to learn more about how we may be able to support your claim.

Three Haeggquist & Eck Attorneys Named To Prestigious ā€œBest Lawyers of Americaā€ List

Three attorneys at San Diego employment and consumer rights firm Haeggquist & Eck have been selected for inclusion in The Best Lawyers in America© 2021.

  • PartnerĀ Alreen HeggquistĀ was selected by her peers for inclusion in theĀ Best Lawyers in America© 2021 in the field ofĀ Consumer Protection Law;
  • PartnerĀ Amber EckĀ was included in theĀ Best Lawyers in America© 2021 for her work inĀ Securities Litigation; and
  • AssociateĀ Ian PikeĀ received a 2021 Best Lawyers: Ones To Watch recognition forĀ Labor and Employment Law – Employee.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 13 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2021 Edition of The Best Lawyers in America©, 9.4 million votes were analyzed, which resulted in more than 67,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed.

To schedule your free initial consultation,Ā contact us onlineĀ or call (619) 342-8000 today!

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