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Pending Federal Legislation

You’ve heard me talk a lot about all the employment laws California has. Now the feds are getting more liberal and it’s bound to be interesting to see what passes. Currently pending legislation includes:

Family Fairness Act of 2009:  This would eliminate the 1,250 hour requirement of the Family Medical Leave Act (FMLA) so part-time employees could also be eligible for this leave.

FMLA Enhancement Act of 2009: Companies with only 25 employees would be subject to FMLA (instead of the current 50 employee minimum) and it adds more reasons an employee could take leave time.

FMLA Inclusion Act: This widens the circle of what is considered family in relation to FMLA leaves.

Family Leave Insurance Act of 2009: In California, we have the Paid Family Leave and this is very similar except both employees AND employers would pay 2% of pay into it.

Healthy Families Act: If passed, companies with 15+ employees would have to provide up to 7 paid days of sick leave each year.

Paid Vacation Act: This requires employers to provide one week of paid vacation each year and increases that to two weeks after 3 years of employment. It may not affect companies of <50>

If history repeats itself, California won’t change or eliminate any of its employment laws even if the feds pass some of these. That means you’ll have to determine which law is the most beneficial to employees and follow that one. It’s scary that the feds are now surpassing California in coming up with laws that place a bigger burden on employers.

Make sure you know which employment laws your company needs to follow because the fines and penalties are always harsher than just being compliant.

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