Medical Leave – Dolan Law Firm

Medical Leave

Sick Leave
Employers must provide sick leave to employees in conformity with Labor Code 246 which sets forth California’s default minimum sick time accrual rate. It requires that an employee accrue sick leave at a rate of no less than 1 hour of sick leave for each 30 hours worked. For employees who are exempt from overtime laws and do not have a limited schedule, sick leave, pursuant to this statute, will accrue as though they worked a 40 hour week.
FFCRA- Emergency 2 weeks Paid
The Families First Coronavirus Response Act (FFCRA) is comprised of 2 parts. On part is the Emergency Paid Sick Leave Act (EPSLA). The EPSLA allows 2 additional weeks of paid sick days Between April 1, 2020 and December 31, 2020 for an employee who is:
  • Subject to a quarantine or isolation order (Health related, not merely a shelter in place) 100% of regular pay rate up to $511 per day or $5100 overall; or,
  • Advised by a health care provider to self-quarantine; or, 100% of regular pay rate up to $511 per day or $5100 overall; or,
  • Has symptoms of Covid-19 and is seeking a diagnosis 100% of regular pay rate up to $511 per day or $5100 overall; or,
  • Employee is caring for an individual subject to quarantine, isolation or advised to self-quarantine. 100% of regular pay rate up to $200 per day or $2000 overall; or,
  • Caring for a child whose school or care provider is closed or unavailable due to Covid-19. 2/3 of regular pay rate up to $200 per day.
  • Employer must have 50 or more employees within 75 miles of the workplace;
  • Employee must have been employed at workplace for at least 12 months; and
  • Employee must have worked a minimum of 1250 hours in the last 12 months.
Can be Used for:
  • To care for employees own serious medical condition (symptomatic Covid-19 would likely qualify),
  • To care for a spouse, child or parent’s serious medical condition;
  • The birth, adoption, or foster placement of a child.
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Case Results

  • $61 million Verdict Two Lebanese-American employees subjected to outrageous racial and ethnic discrimination and harassment.
  • $20 million Verdict Former timeshare sales representative was wrongfully terminated for reporting time share fraud on the elderly.
  • $6.5 million Settlement Lawsuit brought by motorcyclist severely injured in accident caused by dangerous roadway condition.
  • $6 million Settlement Wrongful death car accident case filed on behalf of family of woman killed in a head-on collision when defendant's car crossed the center line.
  • $4.2 million Settlement Settlement reached with City of San Francisco for teen walking in crosswalk who suffered permanent brain injury after being struck by vehicle. City officials were informed intersection was dangerous and failed to make it safer.
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