Tag: Paid Time Off

Question: Can we require employees to use their vacation and sick time at the beginning of an approved medical leave of absence? Answer: Generally, an employer may require employees to exhaust their paid time off when a medical leave, such as that under the Family and Medical Leave Act (FMLA), is unpaid. When not required,…

Question: Do I have to provide paid time off for long-term independent contractors? Answer: Independent contractors, when properly classified, are not employees of the company and are not eligible for company-sponsored benefits such as paid time off. Employers should ensure that all independent contractors are classified correctly to prevent violations of IRS and Department of…

Question: Are salaried employees entitled to be paid time and a half if they work on a holiday? If they take a day or week off can we deduct that pay? Answer: Salaried exempt employees are entitled to their full weekly salary when they work any hours in the work week. Being paid on a…

Question: If an employee requests vacation time before their Family and Medical Leave Act (FMLA) leave begins, is that time counted against the FMLA time? Answer: If the employee’s vacation time is truly for vacation/personal time and not time off due to the serious medical condition, the time off is not counted as FMLA time….

Question: Does paid time off (PTO) have to accrue while an employee is out on Family and Medical Leave Act (FMLA) leave? Answer: FMLA regulations do not require an employer to continue paid time off (PTO) accruals while on leave unless they allow PTO to accrue for employees on other unpaid leaves. While an employer may have…

Question: When a business is closed due to a natural disaster, must we pay our employees for the days the business is closed? Answer: Exempt employees must be paid for the full work week if they worked any hours during that week. Nonexempt employees who did not report to work and did not perform work…

Question: Is an exempt employee in California who spends 15 minutes answering emails while on vacation using a work day or a vacation day? Answer: If the exempt employee worked any amount of time for the day, it is considered a work day and the employee must be paid for the full day. However, you…

Question: We closed one of our offices for a day last week due to the weather.  Our employees working in another office in a part of the country not affected by the weather are now asking for a “free vacation day in order to be fair”.  My initial response is to deny it.  Are we…

Question: Can an employer require an employee to use two weeks of accrued PTO or vacation before using Paid Family Leave (PFL)? Answer: The employer may require an employee to use 2 weeks of the accrued unused PTO or vacation to supplement the State of California’s Paid Family Leave (PFL) benefit. Paid Family Leave requires a seven…

Question: Because our business is seasonal, may we restrict the times that employees may take paid time off to our slow times? Answer: There is no requirement for an employer to provide vacation (paid or unpaid), so employers that offer the benefit may create the rules surrounding the use of the benefit, including restricting time…