Tag: Vacation

Question: Can a California employee lose his or her vacation time? Answer: In California, if an employer has a vacation policy in place, and if an employee has earned vacation under that policy, the employee cannot lose any vacation time earned. According to the California Department of Industrial Relations: Under California law, earned vacation time…

Question: If an employee earns vacation while hired at one rate of pay, and then receives a raise, can the employer compensate the vacation pay to the employee at the rate it was earned? Answer: While there is no law that requires private sector employers to provide vacation time pay, it is a common practice…

Question: Can an employee take vacation time while on intermittent Family and Medical Leave Act (FMLA) leave? Answer: Family and Medical Leave Act (FMLA) regulations do not provide any restrictions in the area of utilizing vacation time for personal time off while on intermittent FMLA leave. However, the regulation does define deducting vacation pay to…

Question: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), how do vacation accruals work? Answer: Vacation accruals, that is, the actual receipt of vacation time benefit rather than the rate at which an employee accumulates the benefit, is not usually tied to seniority. For example, a person returning from three years of service may…

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: 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: How do you coordinate military leave with pay when an employee is out of the office for a short period of time (e.g. 1-2 days or 1-2 weeks vs. a year of leave)? Answer: The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members’ reemployment rights when returning from a period of…

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…