The fight for paid leave for workers

The New York Times reports on the next big worker's-rights battle: With the Democratic Congress expected to move quickly to raise the minimum wage, many Democrats, women’s organizations and liberal groups are gearing up for a fight on another workplace issue: paid sick days.

Supporters point to studies showing that nearly half of American workers do not receive paid sick days. But many Republicans and businesses complain that such legislation would impose another mandate on companies, driving up their costs. ...

Last month, San Francisco voters approved a measure requiring all employers to provide paid sick days, making it the first jurisdiction in the nation with such a requirement. The vote was 61 percent to 39 percent.

Now supporters are planning a big push for sick day legislation not just in Congress, but in Maine, Maryland, Montana and several other states. Senator Edward M. Kennedy, a Massachusetts Democrat, introduced a bill last year to require companies with at least 15 employees to provide seven paid sick days a year, but that bill languished in the Republican-led Congress.

Job Benefits

My employment law cases are on the Case List page. The Case List page does not list many case which were settled or on which a judge did not write an opinion.

The Family and Medical Leave Act provides that you may take an unpaid leave without losing your job in certain situations. This Department of Labor website explains the rules.

Most employers with 20 or more employees must allow employees and their dependents to continue any health insurance plan at their own expense (at 2% over the group health plan cost) in certain situations. This Department of Labor website explains the rules for these so-called COBRA rights.

Both FMLA and COBRA are complicated laws. The Department of Labor site will give you some general information, but consulting an attorney about your situation (in advance, if possible) is usually the best route if your employer is not giving you the benefits you believe you deserve.

If you believe that your rights have been violated under one of these laws, please call my office to set up a consultation.