Different Branches of Law
There are more than 20 branches of law that you should familiarize yourself with, and each of these has their own policies and nuances.
Civil law: Any dispute that is related to contractual agreements and such can be classified under civil law. In other words, any dispute that does not involve criminal charges falls under the civil law category.
Criminal law: Any dispute that concerns a crime committed against public authority or other citizens falls under criminal law. Along with civil law, criminal law is one of the broad classifications under which an offense can be placed. Murder, theft, driving under the influence and other such violations fall under criminal law, and are handled by a criminal defense lawyer.
Property law: Ownership and disputes regarding property ownership will be dealt with under the property law statutes. It is important to understand the difference between movable and immovable property here. Movable property is one’s personal possessions, while immovable law refers to real estate and land. Property laws deal with the issues regarding immovable property.
Income tax law: This branch deals with the income tax and other tax-related disputes between individuals or companies and the Federal Government. Income tax laws require a great deal of expertise to be adhered to, and there are many specialists and lawyers who provide this expertise.
Labor law: Out of all the different branches of law, this one deals with the terms and conditions and disputes regarding employment of labor. This is a set of rulings and regulations that govern the relationship and terms between an employer and employee. Though this falls under civil law, it is highly vast and extensive in nature.
Minor law: A minor is a person who is below 18 years of age, and there are several rules and regulations set in place for the protection of minors. Exploiting a minor is a grave offense, and there are many platforms from which disputes can occur. Most cases that minors are involved in are with regard to property law issues.
Environment law: This is a set of treaties, agreements, rules and statutes that aim to protect the environment. Anyone who offends these laws is subject to judgment through the system that is set in place. Due to its general nature, environment law does not fall under the criminal law category. This is one of the types of law that are more generic in nature, and require highly specialized lawyers.
Administration law: This is a body of laws that deals with the activities and governing capacities of the administrative bodies of the Government. These bodies should not be exempt from standard laws of functioning, and administration law is the branch that deals with disputes regarding the same.
Constitutional law: This is one of the different branches of law that deals with the study and the practice of the principles set forth by the US Constitution. Any violation that disregards Constitutional policies is scrutinized by specialists in this branch of law and governance.
Press law: The press and media enjoys the benefits of freedom of speech, but there are certain rules and regulations to be adhered to here as well. The press law deals with the liberties and powers enjoyed by the media, and it also governs the copyrighting issue of intellectual property rights.
Sale of goods law: This is the set of laws and legal rules regarding the sale and purchase of goods. There needs to be a proper system in place to enable the smooth transaction of goods and services, and the sale of goods law is the set of laws one refers to if any disputes arise. This glossary of legal terms and meanings will also prove useful to you.
Along with these branches that are mentioned, here are some more different branches of law that you may come across at some point or the other.
Marine law
Public international law
Family law
Law of Torts
Corporate law
Excise law
Limitation and arbitration law
Air law
Defamation law
Parliamentary law
All these different branches of law go hand in hand and work simultaneously to enable the smooth functioning of society. People who break these laws are dealt with accordingly, and this is what keeps our society working.
Maternity Leave Laws and Policies
Maternity leave is the period when an employee takes leave for some time before and after the birth of a child. Every company, be it a public or a private one, is entitled to follow the maternity leave policies that come under the Family Medical Leave Act (FMLA). This act was passed by the US Department of Labor’s Employment Standards Administration in 1993. This act defined leave policies for companies that have more than fifty employers like sick leave, vacation leave, maternity leave, etc. All companies have to abide by the rules of the FMLA, however there can be some changes according to the HR policies of a company. Laws on maternity leave entitle a pregnant woman to a minimum of 12 weeks leave. The FMLA sees to it that every employee receives this leave without the fear of losing her job. Thus it is necessary for every employee to have adequate information on maternity leave laws and policies.
Eligibility
According to the Maternity Leave Act, a pregnant woman or a person who is going to adopt a baby has to be given twelve weeks i.e. 3 months of maternity leave, without pay by the company she works in. However, to be eligible for this leave, the employee has to complete at least 12 months at the company and should have worked for 1,250 hours at that place. Though this remains the basic law on maternity leave for almost all states in America, the number of leaves that one can take would differ from state to state. For instance, in Tennessee, the maternity leave policy allows a woman to go on leave for 16 weeks for childbirth.
Anti-Discrimination
Every employer also comes under the Pregnancy Discrimination Act, which forbids them to discriminate between the employee who is pregnant and the others. Though almost all companies abide by this rule, there have been cases where people have lost their jobs or chances of promotion because they were pregnant. Employers should remember that such kind of discrimination is unlawful and can put them in legal trouble.
Benefits of Maternity Leave Policies
Though one may not get paid during maternity leave, the employer has to continue the health insurance payment of the employee. This ensures that the person is insured even when she cannot come to work. As during the maternity leave, the employee does not receive any pay from the company, many women opt for a combination of paid leaves which includes vacation pay, sick leave, maternity leave, short term disability, etc. However, companies in some states consider maternity leave in the short term disability category where the employee would be paid some percentage of the salary for the period when on leave, most probably for six weeks or 8 weeks if the delivery was complicated.
When to Apply for Maternity Leave?
The FMLA requires the employee to give a written application to the company, at least 30 days before taking leave. However, in the case of maternity leave, it would be better to discuss with the employer about the leave after the first three months of pregnancy or at the time one has applied for adoption. Some employers also require the employees to visit the company regularly during the leave period to report on their condition and their expected date of joining.
Though pregnancy discrimination still exists in many places, in recent times many employers have made flexible leaves and working conditions for employees who are expecting. However, to avoid the birth of a child from affecting one’s career, it is very essential to know the maternity leave laws of the country as well as the company.