Tag: PTO

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…

Question: We do not give our staff floating holidays and only observe 10 holidays per year. How do we allow for staff who observe various religious holidays the time to do so, without giving them more personal time than staff who do not? Answer: Employers are required to accommodate time off for religious practice, but…

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: Our company recently cut an employee’s compensation by 20%. Prior to the cut the employee had received 3 weeks’ vacation time and had carried over 2 weeks from the prior year. The employee will now receive compensation when on vacation at the 20% cut in pay. Is this permissible or should the vacation time be…

Question:  Can an employer deduct a full or half day pay from exempt employees if they have exhausted their PTO and still take time off for non-medical reasons? Answer: The area of Federal Fair Labor Standards Act (FLSA) rules on exempt employee deductions from salary are often an area of confusion for employers. As a general rule…

Question: Does an employer have to offer the same paid time off for a laborer position as the employer would for the professional staff? Answer: Employers have the ability to set pay levels for different levels of employees within the company based upon the value and types of work performed.  How that compensation is structured, along with…

Question:  Does an employer need to pay an exempt employee for time off for a doctor’s appointment if all PTO has been used? Answer:  You may deduct from an exempt employee’s salary only if the employee is absent due to illness or personal reasons for an entire work day.  You may not deduct the pay…

Question:  We have a non-exempt employee that has been missing several hours a week of work due to “treatment” appointments for an on-the-job injury. Are we required to pay the employee for this time or can PTO be used instead? Answer: There are two issues here:  (1) time off scheduling and (2) pay for the…

Question: Can religious holidays be determined by an employer? For example, may an employer determine December 24 through January 1 is a paid holiday period, but PTO must be used for other religious holidays? Answer: The employer has discretion to set the holidays observed in the business.  And as long as you give all affected employees…