Employee benefits are an important aspect of an employment package. Besides wages, benefits help employers attract and keep qualified employees. Employers offer two types of benefits to employees as a form of compensation: required benefits and optional benefits. If you believe your employer is not providing you with the benefits you deserve, or were promised, our experienced employment lawyers can help.

Our expert employee benefits lawyer can help you ensure that you get your due compensation from the employers. The California state and federal laws mandate employers to offer retirement benefits, time off, social security, and many other benefits to their employees. Call us to talk to an employee benefits lawyer and get legal advice regarding employee benefit issues throughout the state of California.

Required Employee Benefits

Required benefits are those that the employer must provide, such as social security and workers’ compensation. Federal and California law impose different requirements on employers who must provide benefits to employees.

Social Security Benefits

All salaried income, up to a specific amount determined by law, is taxed to provide retirement benefits. Social Security is a federal program funded through payroll taxes. For workers the Social Security tax rate is 6.5% on income under $118,500 through the end of 2015. Employers must pay taxes to Social Security in the same amount that employees pay taxes.

FMLA Benefits

Another required benefit is paid medical leave under the federal Family and Medical Leave Act. (ß link to medical leave page here) This benefit is only required for employers with 50 employees or more. The act allows employees up to 12 weeks of job-protected, unpaid leave during any 12-month period. The leave may be used for a variety of reasons, including birth or adoption of the employee’s baby; care of an ill family member; or care of oneself following an illness..

California has two laws that are similar to the Family and Medical Leave Act. Again, these laws only apply to larger companies, with 50 employees or more. First, the Paid Family Leave provides up to six weeks of paid benefits when an employee cannot work because he or she needs to care for a loved one or bond with a new child. Second, the Family Rights Act provides up to 12 weeks of unpaid leave to provide care under conditions similar to the Family and Medical Leave Act.

California Paid Sick Leave

As of July 1, 2015, California employers must offer paid sick leave to employees. An employee who works in California 30 or more days within a year from beginning employment is entitled to paid sick leave. Accrual starts on the 90th day of employment. An employee cannot be required to find a replacement when he or she uses her sick leave. This law applies to almost all employees in California, including part-time and temporary employees. Those employees will earn at least one hour of paid sick leave for every 30 hours worked. Unused sick leave may be forfeited at the end of a designated period of time.

Workers Compensation

Another important social insurance benefit is workers’ compensation. All California employers must provide this insurance, even if they have only one employee. If an employee gets hurt or sick because of work, the employer must pay any number of benefits, including medical care, disability, and rehabilitation.  Additionally, employees are entitled to receive prompt medical treatment regardless of who was at fault in the workplace accident.

There are certain steps an injured employee must take when filing a workers comp claim. Our experienced employment attorneys will walk you through the process.

Paid Time Off

California employers are not required to provide paid time off for holidays. However, employers may be required to make accommodation for religious holidays. If you believe your employer is discriminating against you because of your religion, including not allowing you to change shifts on a religious holiday, you may have a claim for religious discrimination.

While employers are not required to provide vacation, if they do, these paid vacation days are considered wages. When you leave a job with earned, but unused vacation, your California employer must pay final wages, including wages earned for vacation, within 72 hours of leaving the job, if the employee does not give prior notice. An employee who provides at least 72 hours’ notice of their intention to quit must be paid all wages on their final workday.

The Right Employment Law Attorneys

If you have been mistreated by your employer, contact Hardin Law Group, an employment law firm with offices in Los Angeles and Orange County with experience in representing employees just like you.

If you or someone you know has been harmed by an illegal labor/employment practice, you want experience and success on your side. Contact the knowledgeable lawyers at Hardin Law Group today.

(949) 337-4810, (310) 606-2122, or (844) 615-1122

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