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Employee Benefit Attorney in Orange County

Understanding Benefit Laws & Employee Rights

Employee benefits are one of the most distinguishing aspects of employment relationships and are often vital to the lives of employees and their families. In many cases, benefits can be used as a bargaining chip to attract prospective employees and retain qualified workers. There are also specific laws and regulations regarding the ways in which employers provide benefits and the rights of employees who receive them. At Diefer Law Group, PC, our Orange County employment lawyers assist clients with understanding their rights to employee benefits and provide aggressive representation to employees who have suffered damages as the result of employers failing to comply with benefit laws.

Laws Regarding Benefits

Vacation, medical insurance and retirement benefits are merely options that employers can offer employees as a form of compensation and are not required by law. Once benefits are offered, even if they are "optional" benefits, employers are subject to laws that regulate how benefits must be applied. Our Orange County employment law attorney can review your benefits to ensure they are compliant with federal and state regulations.

Examples of the laws are as follows:

  • Vacation - Employers have the right to establish whether employees are eligible for unpaid or paid vacation days, how many days each year they are able to obtain and when and how they can be taken. Laws require employers to abide by written terms of the benefits plan and certain requirements that ensure fair handling of vacation plans.
  • Holidays - There are no requirements for employers to offer time off for holidays, although accommodation may be necessary for certain religious holidays. When a holiday policy is established, employers should abide by that policy when paying employees who work holidays or when providing time off.
  • Medical - Employers who choose to offer medical, dental or vision benefits must ensure that benefits are not provided differently based on "protected class" considerations or discrimination. Employers are also required to give employees at least 15 days' notice prior to making any change to health benefits.
  • Retirement - If retirement benefits are offered, they must be fully disclosed and offered to all employees. Should disputes arise, the terms of a retirement plan are enforceable in California courts.

Leave Benefits

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to unpaid, job-protected leave during which they can remain covered by health insurance plans. Employers cannot retract benefits when an employee takes leave for a qualified reason. FMLA prohibits engaging in any form of employer retaliation. If you are considering taking a leave, allow our Orange Count employment lawyers to review your company's policies.

Disability Insurance & Workers' Compensation

California State Disability Insurance (SDI) provides partial wage supplementation for California employees. As a state-mandated program, SDI offers affordable benefits to employees with injuries or illnesses that are not work related as well as employees who are unable to work due to pregnancy or childbirth. Workers' compensation is another insurance program available to many employees who suffer injuries on the job, depending on the employer. Our legal team can help you understand your rights to these benefits based on your specific situation.

Orange County Employment Attorneys for Benefit Matters

Having dedicated our legal careers exclusively to employment law, our legal team is able to successfully counsel and represent clients in a variety of employee benefit matters. If you are interested in learning more about your rights or exploring your legal options to lodge a complaint or engage in a dispute, please request a free case evaluation with a Orange County employment attorney from our firm to find personalized answers to your questions. Our attentive and focused attorneys prove one-on-one attention and always strive to create customized solutions to solve the problems you face.

Contact Diefer Law Group, PC to discuss your case today!

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