Question
You own a coffee shop in Los Angeles. It is a small operation. You employ 10 employees. Each employee is a barista (a person who
You own a coffee shop in Los Angeles. It is a small operation. You employ 10 employees. Each employee is a barista (a person who brews and makes coffee drinks). You have an employee handbook that includes the following provisions:
Paid Sick Leave: The coffee shop provides three (3) days of paid sick annually. The days are paid. They do not carryover. The coffee shop provides the days up front on each employee's anniversary date, respectively (e.g., if an employee started on February 1, 2022, then the employee will receive three up-front paid sick leave days each February 1 (February 1, 2022; February 1, 2023; etc.)). • Vacation: The coffee shop provides five (5) days of vacation annually. The days are paid. They carryover from year to year but there is a cap of eight (8) days of vacation. Once an employee earns 8 days, the employee will not accrue any additional days until the employee uses vacation and falls below the eight-day cap. Employees may start to use vacation, upon approval, after working for the coffee shop for 90 days
Last month (March 2023), you hired your tenth employee. She has worked for your coffee shop for 30 days. Today, she informed you that she is pregnant. She stated that she is in her second trimester and has a scheduled caesarian delivery for June 15, 2023. She provides you with a doctor's note stating that she needs to undertake bed rest starting May 15, 2023, due to gestational diabetes caused by her pregnancy. The doctor's note states that the employee is unable to return to work until September 15, 2023. Your employee says that she would like to remain off work through calendar year 2023, bonding with her newborn through December 31, 2023. She wants to go back to work January 1, 2024.
- Analyze whether the employee is entitled to take a leave of absence from May 15, 2023-December 31, 2023. In analyzing her eligibility, evaluate the various leaves of absence possibly implicated by pregnancy and baby bonding and discuss whether they apply (and why or why not).
- Analyze what recourse to wages or wage replacement the employee might have for revenue during her possible leave of absence. In analyzing her recourse to wages or wage replacement, please discuss whether it is likely that she will receive wages or wage replacement and the probable duration of any such payments.
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