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California Workplace Rights During Disasters

Posted January 2025 by S. Ward Heinrichs

California Workplace Rights During Disasters

Natural disasters are fairly common. They devastate the lives of those caught in their wakes. For those of us lucky enough to live outside those wakes of devastation, we grieve for the loss of life and property that our less lucky brothers and sisters must endure. We have witnessed the damage caused by fires in Los Angeles. Our hearts go out to the people there.

While we usually do not consider legal matters when caught in a disaster or when observing one from the comfort of our living rooms, legal principles apply during these trying times. Have you ever wondered what would happen if your worksite faced a natural disaster? Have you contemplated how the law might help you if it did? If you had, you would find that California employment law provides certain types of relief when a disaster or emergency strikes.

Labor Code §1139 prevents employers from taking an adverse action against an employee who refuses to report to work, or leaves work, when that employee has a reasonable belief that the worksite is unsafe because of natural forces or criminal acts. Further, employers may take no adverse action against an employee who uses his or her cell phone to get updates, get assistance, and to communicate with loved ones when natural forces or criminal acts prompt evacuation orders of the employee’s home, worksite, or school of an employee’s child, or during a natural disaster at work.

For employers with at least 25 employees, Labor Code § 230.8 allows an employee to leave work to get his or her child when the child cannot remain in school because of a natural disaster. The law allows an employee to take up to 40 hours a year for this purpose and other school related issues. Employees must give notice to their employers before taking this type of leave.

California law also allows volunteer firefighters and police officers to leave work to protect the community during disaster situations. Other volunteer civil servants may also have the right to take leave during emergencies.

Under OSHA law principles, employers must keep the workplace safe.  If the workplace is not safe, then, as a general rule, employees may refuse to work.

When the governor of California declares an emergency, the one week waiting requirement to collect unemployment benefits does not apply. That means displaced employees can get their unemployment money immediately. During certain types of emergencies, employers get some relief from EDD regulations too. For instance, they may get more time to file employment taxes and some related EDD reports.

If you must face the brunt of a natural disaster, California law can provide much needed relief during such trying times.  In particular, California employment law allows for leave, regulatory relief, and even potentially a paycheck or EDD benefits in the aftermath of an emergency.

Employment Law Office of Ward Heinrichs
4565 Ruffner Street, Suite 207
San Diego, CA 92111
858-292-0792
(858)408-7543 (fax)

Employment Law Office of WARD HEINRICHS

4565 Ruffner St. Suite 207 San Diego 92111

858-292-0792

The Attorneys at the Employment Law Office of Ward Heinrichs are advocates on behalf of clients throughout CA, including San Diego, Santa Ana, Anaheim, Irvine, Newport Beach, Burbank, Santa Monica, Compton, Pasadena, San Fernando, Long Beach, Glendale,El Centro, Brawley, Imperial, Calipatria, Blythe, Calexico, Indio, Palm Desert, Palm Springs, Hemet, Beaumont, Cathedral City, San Bernardino, Riverside, Corona, Lake Elsinore, Temecula, Perris, Big Bear, Sun City, Ontario, San Clemente, Ocean Side, El Cajon, Escondido, Chula Vista, Los Angeles and Orange County.

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