Dental Practice Crazies

What are the employer's legal responsibilities when an employee is pregnant?

2007-07-18T14:52:00.000-07:00

I will first assume that you have less than 50 employees. If so, the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) will not apply to you. In California all employers with 5 or more employees but fewer than 50, are subject to Pregnancy Disability Leave ("PDL") law. This is the only leave required of you for employees disabled by pregnancy and it is unpaid (unless your policy is that you grant pay for other disability leave). PDL time available is up to 4 months and the employee is elligible after the first day on the job. The time is usually taken continuously (before and after delivery) but can vary if there are complications. You may ask employees to provide you with a physician's note. You can't ask employees to use vacation time as PDL, but they can use sick leave. A pregnant employee may also be introduced to 2 other options 1)State Disability Insurance ("SDI"), which typically allows pregnant women 4 (wages are partially covered) weeks before and 6 weeks after birth and 2) Paid Family Leave ("PFL"), all employers are covered by PFL no matter how many employees. This is a program within SDI, which can allow up to partial wages for up to 6 weeks and this must occur within one year of the child's birth. The employer does not pay additional money as these programs are funded through SDI and these deductions are made with every payroll cycle. As I always say "I am not an attorney", so always consult one or below are resources that should bring you up to date with current law and provide you with answers for your particular situation. Resources: US Equal Employment Opportunity (EEOC)web: www.eeoc.gov tel: 1-800-669-4000, 2)Department of labor www.dol.gov tel:1-866-487-9243, Family and Medical Leave Act (FMLA) web: www.dol.gov/elaws/esa/fmla, Department of Fair Employment and Housing www.dfeh.ca.gov tel: 1-800-884-1684, State Disability web: www.edd.ca.gov & tel:800-480-3287, Paid Family Leave (PFL) tel: 877-238-4373. Best of luck! iMifflin

How much time does an employer have to pay an employee after work has been completed and hours submitted?

2007-06-25T11:22:00.001-07:00

From the time an employer's payroll cycle closes, they have up to 10 days to give the employee a check. A portion of Labor code 204 a) states the following:
Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and the 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month.
Since this is a legal matter and I am not an attorney, contact the EDD or your attorney to clarify exeptions or updates. 2 good resources are: http://www.ca.gov/ and http://www.edd.ca.gov/ I hope this helps, iMifflin.

How many hours must your employee work in order to qualify for medical benefits?

2007-06-21T20:24:00.000-07:00

The insurance carrier governs how many hours (at a minimum) must be worked in order for the employee to qualify. I believe most carriers have a minimum requirement of 20 hours per week; however, the employer has the freedom to increase that. As a dental consultant in California, I commonly see office policy stating that employees must work a minimum of 30 hours in order to qualify for medical benefits, but this varies per practice. Consult with your benefit representative for more feedback. I hope this helps, iMifflin