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Vacation Pay for Sick Time
Benefits & Compensation
Vacation Pay for Sick Time
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
In California, are there any laws prohibiting the use of vacation time to compensate an employee who has used and run out of sick time? An employee called in sick, we considered it an "unexcused absen
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Forums » Topic Forums » Benefits & Compensation » Vacation Pay for Sick Time
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Vacation Pay for Sick Time
posted at 2/26/2009 8:39 AM EST
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Posts: 1
First: 2/26/2009 Last: 2/26/2009 |
In California, are there any laws prohibiting the use of vacation time to compensate an employee who has used and run out of sick time? An employee called in sick, we considered it an "unexcused absence" but used vacation time to cover the absence and to pay the employee. Is this OK? |
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Vacation Pay for Sick Time
posted at 2/27/2009 4:14 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Here's a pointer to CA's vacation laws:
http://www.dir.ca.gov/dlse/FAQ_Vacation.htm "Q. Can my employer tell me when to take my vacation? A. Yes, your employer has the right to manage its vacation pay responsibilities, and one of the ways it can do this is by controlling when vacation can be taken and the amount of vacation that may be taken at any particular time." However, do you have a written policy that vacation time will be substituted when the employee runs out of sick time? Is this sick time covered under either FMLA or CA state leave laws? If so, you might have some extra criteria/rules to deal with. It is my understanding that CA is one of the few states where employees can't be required to use paid time prior to taking unpaid time off (especially in an FMLA/CA leave situation). |
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