Illinois State Holiday Pay Requirements

January 31st, 2006 Posted by Adrianne

Illinois employers are not required to recognize holidays nor pay their employees on holidays not worked, unless there has been a prior contract or agreement established. Employers may choose to remain open during holidays, in which case they would pay their employees a normal rate of pay (with the option of any special holiday pay) and observe any overtime rules that may apply.

Employers are required to pay their employees at least semi‑monthly, and to pay every employee all wages earned during the semi‑monthly pay period. Wages earned by employees during a semi‑monthly or bi‑weekly pay period must also be paid no later than 13 days after the end of the pay period in which such wages were earned, unless there has been a valid collective bargaining agreement which provides for a different date or for different arrangements for the payment of wages.

If an employee quits or is fired, they are not entitled to any future holiday pay (for days that have not already occurred) but they are entitled to payment for any unused accrued vacation time. They are not, however, required to pay severance pay, sick pay or holiday pay upon separation, unless it’s been stipulated by employment contract or agreement.

Although employers in Illinois are not required to observe holidays, some do recognize days such as Christmas and New Year’s Day, but even in that case, they are not required to pay their employees if the business is closed and/or the employee is not scheduled to work. Offering holidays off and/or paying employees for holidays not worked are benefits and are above and beyond the Illinois labor laws and completely up to the discretion of the employer (unless those items are terms of a collective bargaining agreement or a contract between the employee and employer).

The Illinois Complete Labor Law poster contains all of teh most up to date labor laws for Illinois as well as the federal laws.

No Comments >> Posted in Employee Benefits,Illinois,Paid Leave,Vacation

Holiday Pay Requirements – Alabama

January 31st, 2006 Posted by Adrianne

Employers working out of Alabama are not required to pay their employees for any holidays. If employers wish to be closed on a holiday it is completely up to their discretion if they wish to compensate the employees. If an employer deems it appropriate to stay open on a holiday they also are in no way required to pay any sort of special rate unless by working the employee has entered into an overtime situation.

Alabama state workers, however, are given many holidays off, including Christmas Day, New Year’s Day, Martin Luther King, Jr.’s birthday, Robert E. Lee’s birthday, George Washington’s birthday, Thomas Jefferson’s birthday, Confederate Memorial Day, National Memorial Day, Jefferson Davis’ birthday, the Fourth day of July, Labor Day, Columbus Day and Fraternal Day, Veterans’ Day, American Indian Heritage Day, and the day designated by the Governor for public thanksgiving. 

In those instances, if the holiday falls on a Sunday, the Monday immediately following is considered the holiday. If the holiday falls on a Saturday, the Friday immediately preceding is considered the holiday. In addition to the legal holidays above, Mardi gras is a recognized holiday in Mobile and Baldwin Counties, and all state offices are closed that day as well. If employees must work on a day deemed a holiday, they are compensated leave or paid compensation in lieu of the holiday. 

In regards to paydays and holidays, for Alabama state employees who receive semi-monthly paydays (normally the 1st and 16th of each month) if the payday falls on a weekend or a holiday, the payday will be moved back to the last day preceding the weekend or holiday, with the exception of an October 1 payday (if the October 1st payday is on a Saturday, Sunday or holiday, payment will be made on the next succeeding workday). 

While employers are not required to match the benefits Alabama state workers receive, some do mirror at least a few of the holidays, particularly Christmas and Thanksgiving, as well as structured paydays in some semi-monthly fashion, all of which is completely up to the employer. 

All of the detailed laws regarding holiday pay and all federal and state laws can be found on the Alabama Complete Labor Law poster. 

 

2 Comments >> Posted in Alabama,Employee Benefits,Paid Leave,Vacation

Iowa’s Discrimination Notice

January 20th, 2006 Posted by Jane

I read that Iowa’s anti-discrimination notice spells out the equal opportunity laws that apply to the workplace. Equal opportunity law guarantees fair treatment to job applicants, as well as workers who want to be considered for opportunities. The Iowa Civil Rights Act prohibits discrimination in employment because of a person’s race, color, creed, sex, national origin, or religion. There are also laws against discrimination based on disability, and protects workers over 40 from age discrimination.

I know that the law applies to private employers, state and local governments, and public and private educational institutions. Employment agencies, labor unions, contractors, sub-contractors, and apprenticeship programs are also affected by this law.

A discriminatory act is defined as a decision or action, usually made by someone in authority, in one of the five areas, which adversely affects someone. These acts include failure to hire, harassing conduct, failure to accommodate, unequal pay, and termination based on discriminatory factors.

If an employee believes they have been discriminated against, they should immediately contact the Iowa Civil Rights Commission (ICRC). A complaint must be filed within 180 days of the discriminatory act. The Iowa anti-discrimination statute covers some smaller employers not covered by federal law. Therefore, if a workplace has between 4 and 14 employees, a worker should file with the state.

My research revealed that the ICRC’s staff  will provide a worker with information on their rights and will assist them in taking the necessary steps to get a complaint legally filed.  The staff will then take appropriate action in handling the complaint. There is no charge to file a complaint.

Employers must post a notice of Iowa’s non-discrimination compliance in a public area of their business.

No Comments >> Posted in Discrimination,Employment Laws,Hostile Environment,Iowa

California Pregnancy Leave

January 20th, 2006 Posted by Jane

From the reading I have done in regards to pregnancy leave I see that California has two provisions for pregnant working women – the California Pregnancy Leave Act, and the California Family Medical Leave Act.  In certain cases, both acts can be used separately, to give a woman the maximum time she needs to take care of her child or herself.  However, both are unpaid leaves, and can also affect a woman’s seniority and benefits in her organization.

The Pregnancy Disability Act covers all employers with five or more employees. It gives the pregnant employee up to four months disability leave. This leave doesn’t have to be taken all at once, and can be taken either before or after pregnancy. Time off can be used for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, or any related medical condition. If the employee’s doctor requests it, the employee is entitled to reasonable accommodations for her condition, including transfer to less strenuous or hazardous duty for the duration of the pregnancy. On her end, the employee must provide her employer with at least 30 days advance notice of her leave date, as well as an estimate of how long she intends to be gone. She may also be required to submit a doctor’s written note to confirm her condition and her estimated schedule.

Employers with fifteen or more employees are required to provide health insurance for pregnancy on the same terms as it is provided for other types of conditions or disabilities. An employer may require an employee to use her accrued sick leave during any unpaid portion of her pregnancy disability leave. The employee may also use vacation leave credits to receive compensation during an otherwise unpaid portion of her pregnancy disability leave. However, an employer may not require an employee to use vacation leave or other accrued time off during pregnancy disability leave. It would be the woman’s choice if she decided to use all of the paid time off she was allotted.

When she returns, a woman is guaranteed to return to her same position. If her same position is no longer available, such as in a layoff due to plant closure, the employer must offer a position that is comparable in terms of pay, location, job content, and promotional opportunities, unless the employer can prove that no comparable position exists.

If an employee believes that she was discriminated against due to pregnancy, she can then choose to petition the California Department of Fair Employment & Housing. As with all labor laws it seems to me it would helpful to have access to all the information regarding leave so that I could become knowledgeable about any impending leave I may need to take. The California Complete Labor Law poster contains all of the current state, federal, and OSHA laws. It reflects the information regarding leave all on one convenient posting.

No Comments >> Posted in California,Employee Benefits,Medical,Paid Leave

Minnesota Leave of Absence

January 13th, 2006 Posted by Lindsay

I’m sure that new parents will be interested to see that the state of Minnesota has made many provisions above and beyond those of the Federal government for Parental Leave from work. They have not made any specific rules governing leave if you happen to be sick. 

For example, if you have a baby or adopt one and your employer has 21 or more employees on one job site, the employer must offer you parental leave. I am happy to see that this can be for both the mother AND the father. In order to be eligible for that leave, you must have worked at least half time (twenty hours a week) for the 12 months preceding your leave. 

It is my understanding that your leave may begin not more than six weeks after the birth or adoption occurs. If you have paid parental leave which you want to run concurrently with the unpaid leave, you may still be limited to 6 weeks unless the employer agrees that you can take more time off. Your employer cannot retaliate against you if you ask for leave. If you need income, you do have an option of returning part-time to your job during the leave without giving up the right to your full-time job at the end of the leave. 

If you’re a working parent and your child becomes ill, you can use your sick time to care for a sick child. You can even take time off up to 16 hrs to attend your child’s school functions like classroom activities and conferences. 

I noticed that your health insurance during the 6 weeks of unpaid leave must be continued, but the employer has the right to ask you to pay for it during that period of time. Upon returning to the job, the employer has to offer you a comparable position to the one that you left, and you’ll still have the same benefits and seniority that you had before the leave. 

All of the Minnesota labor information can be found along side the federal laws on the Minnesota Complete Labor Law poster.   

 

No Comments >> Posted in Employee Benefits,Family,Minnesota,Paid Leave

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