Do you qualify for maternity leave?

The Employment Law states that no employee should be discriminated against for their need of maternity leave. In fact, this is one of your fundamental rights as an employee.

keep-calm-i-m-on-maternity-leaveAbout maternity leave

Ideally, maternity leave is otherwise referred to as parental leave or pregnancy leave. It basically involves an employee taking some time off work to take care of their newborn child. Employment Law requires that eligible employees are provided with unpaid leave by their employers. In addition to this, most states also tend to have certain laws that grant employees leave for taking care of their newborn kids. Some circumstances demand that employers are offered paid maternity leave.

Do you qualify?

As an employee, you definitely can’t help but ask whether you qualify for this leave or not as it is certainly something that you can’t afford to miss. For you to be eligible for the unpaid leave, an employee should have worked at the company for not less than 12 months. In most cases, public and government employers are the only ones entitled for providing unpaid leave. This is also extended to private employers engaging in interstate commerce as well as those having at least 50 employees. Private employers are also required by most state laws to offer maternity leave in some circumstances as well.

Sorting out your maternity leave issue

There are many maternity leave issues that most employees have, which essentially need to be addressed in the best way possible. You can seek the help of a well knowledgeable and experienced employment lawyer, who can offer you guidelines as to whether you are eligible for a maternity leave. There are some employers who tend to treat some workers differently simply because they have asked for maternity leave or have simply retaliated against it. For those with such a discrimination claim, you can get the much needed help from an attorney and get to have the issue addressed in the best way possible.

As a worker, you should know that you can’t be fired by your employer simply because you are pregnant. Moreover, you can’t be forced to take the maternity leave if you have not requested for it. As you can see, there are many pertinent issues involved when it comes to maternity leave, and it is essential to ensure that your rights are not violated by your employer on this ground.

How to resolve overtime disputes

Overtime disputes are essentially a specific kind of disputes that revolves around wage and hours worked. It is essential that such disputes are resolved in the best way possible for mutual satisfaction.

About overtime disputes

Recent times have seen overtime pay disputes become among the most common employment disputes and have even surpassed harassment and discrimination claims. These employment law disputes usually involve a certain amount of wages that an employee is paid or could be the amount of hours that they have worked. To be more precise, overtime disputes usually involve those employees who work more than their regular workday and this means that they are entitled for some additional payments. According to the employment law, employers are required to pay employees half of their wages for the time overworked.

Common overtime pay disputes

There are essentially a couple of issues that can be involved when it comes to overtime pay disputes. The first one can involve the rate the employee is being paid for overtime versus the rate which they should be paid. Other issues could include the hours worked and if the employee is actually entitled to getting overtime pay or not. Another thing that could be involved in this is tax reporting as well as overtime exemptions, which can apply to some employees.

Overtime dispute resolution

Resolving overtime pay disputes can essentially be done in various ways. For starters, the department of dispute resolution in the company can hold discussions on the issues and clarify areas of concern between the worker and employer. Alternatively, the resolution can also involve agency investigations, particularly where a federal issue is involved in the dispute like discrimination. Other options for resolving the dispute include mediation, taking a legal action and negotiations. There are also cases where overtime disputes usually involve class action lawsuit whereby the same policies of pay affects many employees.Smiley-face-man

Sometimes, some complex legal issues are involved when it comes to resolving overtime disputes and as such, it might be a good idea for you to solicit the services of a lawyer. Your attorney will help you get the dispute regarding extra hours worked and overtime pay resolved in the best way possible. It is important that such overtime disputes are resolved in the best way possible to ensure that both the employer and employee are satisfied with the outcome of the resolution.

Commonly asked questions about US Employment Law

Most of the time, comprehending employment law in US is usually very difficult. So I wrote this article to explain some of the more common questions asked commonly at the workplace as well as their legal ramifications.

Unlawful termination due to illness

When you are dismissed out of your workplace as a result of illness, there is a couple of legal exposure where you can seek legal justice. Ideally, the most important legal aspects of this are unfair dismissal, discrimination and unlawful termination. Health issues are common nowadays and according to US employment law, illness shouldn’t always result in dismissal. Rather than dismissing your employees, it is always advised that you seek ways in which you can help them and ensure they return to work within the shortest time possible.

Dismissal on the basis of illness should only be done as a last resort not to forget that the dismissal should be properly managed to avoid any legal issues thereafter. According to Fair Work of 2009, the employer shouldn’t dismiss an employee simply because of the temporary absence of the employee from their work as a result of injury or illness. If so happens, the employee has a right to question the dismissal in a US court. Dismissing an employee can only be done legally when a valid reason warranting the dismissal is given.

Providing evidence of sickness

As an employer, you can insist that your employees provide you with an evidence of illness, especially before extending a sick leave to your employee. This evidence can be in form of statutory declaration or medical certificate and will certainly go a long way to ensuring that you make the best decisions. As such, it is always on the best interest of the employer that they Institute a written policy stipulating the requirement that employees provide the necessary information required within the time frame specified.

Redundancy notice

The US Employment Law also clearly talks about the issuance of notice of redundancy to the employee. As such, before an employer decides to dismiss their employee, it is prudent that they provide them with a notice at first. In the legal world, such a notice starts upon the employer notifying their employees of their intention of dismissing them and this could even be done orally. Giving such a notice will save you as an employer from being sued by your employee for unfair dismissal and discrimination.