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PDL reduction in hours
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PDL reduction in hours
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We're in CA and have less than 50 EEs within 75 miles so FMLA/CFRA don't apply. Part-time employees are not eligible for vacation and we have no sick leave. We do not pay for any leaves of absence.
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Forums  »  Topic Forums  »  Legal Forum  »  PDL reduction in hours

PDL reduction in hours

posted at 2/17/2010 3:06 PM EST
Posts: 94
First: 2/7/2008
Last: 3/21/2011
We're in CA and have less than 50 EEs within 75 miles so FMLA/CFRA don't apply. Part-time employees are not eligible for vacation and we have no sick leave. We do not pay for any leaves of absence.

We have an employee who has taken several hours of PDL and has now been medically advised to go to reduced hours. She will need to continue her medical through COBRA because of the reduction in hours. For the days she was off over the past 2 months, her accrual of vacation stopped until she was working again. Technically she did go to part time hours for some periods though her status was not changed because it was intermittent and it wasn't uncertain when she would return. Therefore, I was allowing some accrual of vacation, though she has not taken any since the beginning of her leave. It would not be too late to let her know that due to our policy, she is not entitled to it (if that is what we should do.)
Now she is definitely going to Part-time. Would she still be entitled to a pro rated accrual if we do not allow other Part-time EEs to accrue vacation? Or does she not accrue vacation at all because she is Part-time? If she were to be off for 4 months at once, she would not accrue vacation.
I don't want to set a precedent against policy by giving vacation on a pro-rata basis nor do I want to be unfair to those that have taken all of their leave at once. I'm just not sure what is required by PDL.
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