Month: June 2018

Which Employees Get Vacation and How Much? Part I

Which Employees Get Vacation and How Much

Because no law requires employers to provide paid vacation, employers have free rein when it comes to determining how much vacation to offer and to which employees.

Employers can provide only a few paid days off a year or a couple of months’ worth. Typically, employers decide how much vacation to provide based on industry standards and employee expectations in the area and field.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

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Can I Quit During or After Maternity Leave?

Can I Quit During or After Maternity Leave

Even if you know you want to quit, there are a few legal matters to consider. First, you should know that unless you have an employment contract limiting your ability to quit, you are completely within your rights to quit your job.

Some women worry that they might get into legal trouble if they don’t return to work after promising that they would.

For the vast majority of women, this is more of a practical and ethical question than a legal one.

Unless you are contractually bound to stay in your job for a certain amount of time, you are legally entitled to quit.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Are New Parents Entitled to Accommodations? Part II

Are New Parents Entitled to Accommodations part ii

Employers have no legal obligation to accommodate parents by, for example, offering part-time work or allowing flexible schedules. Although a number of states require employers to accommodate the physical limitations of pregnant employees, this right ends for most women after they give birth.

If you have an ongoing need for accommodation relating to your pregnancy– for example, because you suffered an injury during childbirth, you may still be entitled to accommodation, depending on your state’s law.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Are New Parents Entitled to Accommodations?

Are New Parents Entitled to Accommodations

Many women can’t afford to quit, or don’t want to for other reasons. Of course, some women love their jobs and want to keep working throughout their parenting years.

Other women might want to take a longer break from work but are concerned that it will hurt their earning power or career prospects. In this situation, you might try to explore other options with your company to help you better balance your work and family.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Do I Get to Take Time Off When I Have a Baby?

Fist of Dad and Newborn Baby

You may have the right to take leave under your employer’s policies, state law, or the federal Family and Medical Leave Act (FMLA).

For example, if your employer provides time off for parenting or pregnancy, you may use that leave if you are eligible. Even if your employer doesn’t provide pregnancy leave, you may be entitled to take time off during the time you are unable to work due to pregnancy if your employer provides leave for other temporary disabilities.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Am I Entitled to Paid Vacation?

Am I Entitled to Paid Vacation

No law requires employers to provide paid vacation.

Those that choose to offer it are largely free to decide who may use it and under what circumstances.

That said, an employer may not discriminate in providing paid vacation (or any other benefit) by, for example, making it available only to men or by prohibiting employees from using their paid vacation for Jewish holidays while allowing employees of other denominations to use paid vacation for their religious observances.

Beyond this legal restriction, however, employers are generally free to set their own rules regarding vacation — and statistics show that many employers choose not to offer vacation to part-timers.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Final Paychecks for Departing Employees

Resignation letter being placed on the desk of the boss

Most states require employers to give departing employees their final paychecks in fairly short order — sometimes on their last day of work. In some states, these time limits vary depending on whether the employee quit or was fired.

Some states require employers to pay out accrued, unused vacation days with the final paycheck.

Many employers break these laws out of ignorance. They assume that paying the employee on the usual payroll schedule is sufficient. But violating these laws — even unwittingly — can be costly.

In some states, if an employer fails to pay a departing employee within the legal time limits, the employer may have to pay additional penalties, interest, and any attorneys’ fees and legal costs the employee spends in forcing the employer to comply.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Losing a Job: 2 Things You Can Do to Make It Less Painful

Losing a Job

Losing a job is never easy. Even if you receive severance pay, you face an imminent loss of income, not to mention health insurance and other benefits. And because job searches often take several months, you may go through a period of unemployment.

Keep in mind that losing your job does not necessarily spell financial disaster. Below, you’ll find a list of immediate actions you can take to make your transition easier. Some involve conserving your resources; others involve developing new sources of income. All will help you maintain your financial health through this difficult time.

1. Tie up loose ends and collect all compensation due from your job. Before you sever ties with your former employer, make sure to turn in all of your expense reports and to receive a paycheck for all your work, through your very last day.

2. Apply for unemployment benefits as soon as possible. State rules for unemployment compensation vary, but in general, if you have worked enough hours in the past year or so and lost your job through no fault of your own, you are probably eligible for unemployment benefits.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com