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final paycheck Pregnancy leave?
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final paycheck Pregnancy leave?
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Hello-Can anyone tell me if a paycheck for wages earned during the last week before an EE leaves for pregnancy disability leave must be given to the EE on her last day before going on leave? As far as
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Forums » Topic Forums » Legal Forum » final paycheck Pregnancy leave?
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final paycheck Pregnancy leave?
posted at 3/28/2012 3:17 PM EDT
on Workforce Management
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Posts: 2
First: 3/28/2012 Last: 3/29/2012 |
Hello-Can anyone tell me if a paycheck for wages earned during the last week before an EE leaves for pregnancy disability leave must be given to the EE on her last day before going on leave? As far as we know, she will be returning after her leave and we will obviously keep her job available. She is still considered an EE and will not suffer any loss of seniority when she returns. We are in California. I know that if this were a layoff with no return date, we should consider this a final paycheck. She has given plenty of notice so if we should treat this as a final paycheck, she should get it tomorrow before she leaves. She has no sick leave or vacation/PTO available so that is not the issue. She does utilize direct deposit (DD) though and we can only send those through with the regular payroll that would happen a week from Friday for this week's wages. With terminations and layoffs, DD previously authorized by the employee are immediately terminated when an employee quits or is discharged. I'm not sure if this applies for a leave of absence. Any help? Thank you. |
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Re: final paycheck Pregnancy leave?
posted at 3/29/2012 10:22 AM EDT
on Workforce Management
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Posts: 180
First: 9/21/2011 Last: 5/14/2013 |
I have never heard that the final pay regulations are required for leave, even for California employers. Now if she at any point gives immediate notice, you have 72 hours from that point to give her the last check if her notice is within that 72 hours. Otherwise you have until her last day of notice to pay the final check. If the employer ends the relationship they must pay final pay immediately. Here's one website I found that has a short blurb on final pay: http://ced.blr.com/b/compensation-benefits-leave/archive/2011/11/09/3-tips-for-the-last-paycheck-complying-with-final-pay-laws-part-1.aspx I know a few experts in CA payroll law are on www.laborlawtalk.com forums, so you might post this there if you still need further clarification by others in CA. What's hard is if you don't have to do so, there is not going to be a law/site that states that. You are just not going to be able to find anything that says you should...kind of like trying to prove a negative. |
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Re: final paycheck Pregnancy leave?
posted at 3/29/2012 8:40 PM EDT
on Workforce Management
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Posts: 2
First: 3/28/2012 Last: 3/29/2012 |
Thank you. I couldn't find any information on this on any CA resources or the CalChamber website. However, I contact CalChamber and it was confirmed that this would not be a termination so the final paycheck may be paid on the normal payday, not on the final day of work before the leave. |
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