DACA LAPSES AND WORKERS’ RIGHTS DACA workers are facing increased delays in work permit renewals and the loss of automatic EAD extensions. Understanding the following can help you preserve your job and your rights. YOUR BASIC WORKPLACE RIGHTS
IF YOUR WORK PERMIT IS ABOUT TO EXPIRE There is no leave program specifically for DACA lapses. Under federal law, employers must ensure employees have valid work authorization and generally cannot continue employment once a permit expires.
WAGE PROTECTIONS FOR ALL EMPLOYEES Your immigration status does not change your right to be paid for all wages owed
IF YOU ARE FIRED: You must be paid all wages owed and accrued vacation immediately. Your final paycheck cannot be conditioned on signing any waiver of rights
IF YOU RESIGN: All wages and accrued vacation must be paid within 72 hours. Your final paycheck cannot be conditioned on signing waiver of rights.
WHILE EMPLOYED YOU HAVE THE RIGHT TO:
HOWEVER, EMPLOYERS MAY CHOOSE TO PROVIDE PAID OR UNPAID LEAVE. Check out our full “DACA Lapses and Workers’ Rights” guide for sample unpaid leave request letters & best practices.
FOUR STEPS TO PRESERVE YOUR JOB 1. CHECK YOUR PERSONNEL MANUAL OR CBA AGREEMENT Look at your personnel manual or CBA for leave options. Consider requesting leave available under employer policies.
Be paid for all time worked, paid on time, receive accurate wage statements, overtime pay when applicable, meal and rest breaks, and at least 5 days (40 hours) of paid sick leave (CA law), etc.
2. CONSIDER REQUESTING VACATION OR PTO LEAVE You can request paid leave using your accrued vacation or PTO. Employers generally have discretion to grant this request.
PROTECTED FROM DISCRIMINATION & RETALIATION
3. IF ELIGIBLE, APPLY FOR MEDICAL OR FAMILY LEAVE Employees with serious health conditions, or those caring for family members with serious health conditions, may qualify for protected leave and should feel empowered to assert their rights.
Employers cannot threaten to report immigration status, reverify early, or retaliate against you for asserting your rights
ADDITIONAL BENEFITS If your employer offers benefits such as vacation, bonuses, or other paid time off, once promised, they become enforceable obligations.
4. REQUEST UNPAID LEAVE Request unpaid leave in writing. It’s helpful to explain that the delay is outside your control and that you timely filed your renewal.
JOB-PROTECTED MEDICAL AND FAMILY LEAVE (IF ELIGIBLE) Workers with serious health conditions, or those caring for eligible family members with such conditions, may qualify for job-protected leave under federal or state laws. These programs often include continued health coverage and reinstatement rights. Eligible workers should apply promptly and should not be discouraged from doing so.
CFRA (CALIFORNIA)
FMLA (FEDERAL) Available if: your employer has 50+ employees and you have worked at least 12 months and 1,250 hours. Covers: your own serious health condition or care for eligible spouse, child, or parent. Includes pregnancy, childbirth, and baby bonding. Duration: Leave may be available for up to 12 weeks (or 26 weeks for certain military caregiver leave).
Available if: your employer has 5+ employees and you have worked at least 12 months and 1,250 hours. Covers: your own serious health condition or care for an eligible child, parent, spouse, domestic partner, grandparent, grandchild, sibling, or parent-in-law. Includes baby bonding. Duration: Leave may be available for up to 12 weeks.
IF YOUR DACA EXPIRES WHILE ON LEAVE
PDL (CALIFORNIA PREGNANCY DISABILITY LEAVE) Covers only the employee’s own pregnancy, childbirth, or related medical conditions.
Up to 4 months of job-protected leave.
AFTER A DACA LAPSE
If you qualified for job-protected leave before your work permit expired, you may still be entitled to remain on leave. However, employers generally cannot return you to active work without valid work authorization.
If your work permit expires and you are not on leave, employers generally cannot continue employing you. Termination based solely on the lack of valid work authorization is generally lawful.
If you were granted unpaid leave, employers usually allow you to complete your leave and return once your work permit is renewed.
However, employers cannot use immigration status as a pretext for discrimination, retaliation, or withholding final wages, including accrued vacation pay, owed under applicable law.
THINK YOUR RIGHTS WERE VIOLATED?
Contact CHIRLA’s Workers’ Rights and Labor Legal Services Department 213-201-8773
This information is for general education purposes only and is not legal advice.