Illiteracy remains a problem in California, especially with foreign nationals who are employed in California. If such a person is employed in a private California company that regularly employs 25 or more employees, California Labor Code section 1041 requires employers to allow illiterate employees uncompensated time off of work for purposes of illiteracy education, so long as accommodating the employee doesn’t result in an undue hardship for the employer.
Duties Incumbent on the Employer
Upon learning from an employee that he or she is illiterate, the employer has a legal duty to provide reasonable accommodations and assist that employee. Such assistance includes but might not be limited to helping to learn where appropriate learning programs are available, enrolling in such a program and making arrangements for a private tutor other provider of literacy services to visit the employee’s workplace.
Privacy Concerns
When an employee makes his or her illiteracy known to the employer, it must make reasonable efforts at protecting the employee’s privacy. The general rule is that the employer can’t retaliate or otherwise discriminate against the employee for taking leave that is permitted by section 1041 unless the employee cannot satisfactorily perform his or her work
If an employer retaliates or discriminates against you or a family member about inquiring into or attending a literacy program, contact our office for a consultation with a skilled and effective California employment law attorney.
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