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Sick leave and vacation leave during FMLA, CFRA, PDL
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Sick leave and vacation leave during FMLA, CFRA, PDL
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
State of california: Can an employer require an employee who is going out FMLA, CFRA or PDL leave to use their accrued sick leave or vacation leave until they run out or for two weeks. any infor
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Forums  »  Topic Forums  »  Legal Forum  »  Sick leave and vacation leave during FMLA, CFRA, PDL

Sick leave and vacation leave during FMLA, CFRA, PDL

posted at 6/8/2010 10:13 AM EDT
Posts: 14
First: 6/8/2010
Last: 4/28/2011
State of california:

Can an employer require an employee who is going out FMLA, CFRA or PDL leave to use their accrued sick leave or vacation leave until they run out or for two weeks.

any information and links on that would be appreciated
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Sick leave and vacation leave during FMLA, CFRA, PDL

posted at 6/9/2010 4:46 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Under FMLA: An employer can require use of paid time off prior to any unpaid timeoff based on employer policy.

UNDER PFL: "If an employee accrues Paid Time Off (PTO), rather than specific vacation or sick leave, may an employer require that an employee use up to two weeks of PTO prior to the initial receipt of Paid Family Leave insurance benefits?
Yes, the law provides the option for employers to require up to two weeks of earned but unused vacation leave. Vacation leave, as defined in Title 22, California Code of Regulations, section 3302-1, includes paid time off if vested under Labor Code section 227.3." from http://wwwedd.cahwnet.gov/Disability/FAQs_for_Paid_Family_Leave.htm

I am having issues with CFRA and finding a cite for you there. For some reason, I have in my mind that one of the laws keeps employers from requiring use of PTO, but I can't put my finger on it. So that is where I would say to keep looking.
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Sick leave and vacation leave during FMLA, CFRA, PDL

posted at 6/9/2010 6:04 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
http://www.fehc.ca.gov/pdf/FMLA-CFRARegsTable-2.pdf

Read through page 6....because that helps state when employers can and cannot require use.

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Sick leave and vacation leave during FMLA, CFRA, PDL

posted at 6/11/2010 9:05 AM EDT
Posts: 21
First: 6/5/2007
Last: 6/11/2010
We're leaving it up to the employee, with mixed results. Sometimes they try to get disability and sick/vac time to total to more than normal pay, sometimes they save the PTO for later.
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Forums » Topic Forums » Legal Forum » Sick leave and vacation leave during FMLA, CFRA, PDL

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