Tag: PTO

Q: We have employees in multiple states. What guidance can you provide on meeting state-specific regulations under one sick leave policy? A: As with other state-specific laws that differ from state to state, you may — as long as compliant in all states — offer a paid sick leave policy based on the most employee-generous…

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,…

This year’s flu season is a rough one. Although the predominant strains of this year’s influenza viruses were represented in the vaccine, they mutated, which decreased the effectiveness of the immunization. The flu then spread widely and quickly, and in addition, the symptoms were severe and deadly. The U.S. Centers for Disease Control and Prevention…

Can we require that employees exhaust their vacation and sick time at the beginning of an approved medical leave of absence? An employer’s policy may require substitution and exhaustion of paid time off benefits in many cases when leave is unpaid. There may be limitations in cases where there is an interaction with a wage…

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: A California employee is out for a non-work-related disability. Must we require that he use vacation and sick time while out on Family and Medical Leave Act (FMLA) leave, or is this at the employee’s option? Answer: The regulations under the Family and Medical Leave Act (FMLA) and the California Family Leave Act (CFRA)…

Question: With a paid time off (PTO) program, do we need to track hours for sick use when an employee goes on medical leave? What is the best method using Quickbooks to illustrate PTO on the check stub? Answer: When utilizing paid time off (PTO), all sick and vacation hours are allocated to one bucket…

Question: Just to confirm, can an employee use their accrued paid time off (PTO) during a Family and Medical Leave Act (FMLA) leave? Answer: Yes, if your company policy allows for the use of paid time off (PTO) during leaves of absence. Family and Medical Leave Act (FMLA) leave is unpaid leave. It provides job and…

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: If an employee is on Family and Medical Leave Act (FMLA) leave, does the employee still accrue paid time off (PTO), vacation, sick leave, etc.? Answer: Whether or not paid time off continues to accrue while an employee is on Family and Medical Leave Act (FMLA) leave is subject to employer policies. FMLA does…