WIN AT WORK MONTHLY

Win at Work

Employee Rights Update

WHISTLE-BLOWER RIGHTS

TIME OFF TO CARE FOR A FAMILY MEMBER

Whistle-blowers have substantial rights in the workplace.

Some statutes specifically protect those who complain about discrimination, safety, medical leave, tax reporting and other laws. In fact, the Equal Employment Opportunity Commission recently reported that its third most frequent case involves retaliation.

Even if legislation does not specifically address every whistle-blower, courts throughout the country have given them rights as a matter of "public policy." However, it must concern a violation of a statute or constitutional provision of fundamental importance to society in general. For example, it is illegal as a matter of public policy to fire an employee for refusing to lie in a court proceeding.

Whistle-blower rights may even apply to those who reasonably think a violation has occurred, even if it has not.

So employees, speak up if something bothers you, especially if it’s illegal.

Employers, focus on complaints not complainers, or you may be liable for both.

Under the federal Family and Medical Leave Act ("FMLA") and the California Family Rights Act ("CFRA"), employees may be entitled to take up to 12 weeks of unpaid time off to care for their own serious health condition, or that of their child, parent, or spouse. To qualify, the employee must have worked at least 1,250 hours within the 12 months prior to taking the leave, as well as working at a location where the employer employs 50 or more employees within a 75 mile radius.

Employees can also use paid sick leave to care for a family member. Under California Labor Code § 233, when paid sick leave benefits are provided by an employer, employees must be permitted to use no less than one half of their yearly sick leave to care for a sick child, parent, spouse, or domestic partner. Note that this requirement only exists when an employer provides an employee with paid sick leave benefits.

Michael S. Ahmad, Attorney