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Joseph
Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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If we give California sick time and PTO, can we dock Drs appts,

Resolved Question:

If we give California sick time and PTO, can we dock Dr's appts, dentist appts from their sick time, and that once that is used up they have their pay deducted?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

Yes, you could dock doctors and dentists' appointments from their sick time, however, you cannot make deductions from their wages once they have used up all their sick time.

You would have the option of giving them that time off without pay or terminating them for taking time off without sick time and PTO coverage.
Customer: replied 4 years ago.
What if it is every week or every other week they have a dr's appt. How much time for these appts do we need to give them before we can deduct from their pay?
Expert:  Joseph replied 4 years ago.
You cannot make deductions from their pay no matter how much time they take off for doctors or dentists' appointments. If they use up their paid sick days, you would have the option of giving them the time off without pay or terminating them for excessive absenteeism.
Customer: replied 4 years ago.
I am sorry, I have another question, when you say give them time off without pay, do you mean the day of the appt or a FMLA if they have that many appts?

I am out of Utah, there is alot to learn with California laws.
Expert:  Joseph replied 4 years ago.
No problem.

You could either give them the time off for the appointment or have them apply for FMLA if they have that many appointments.
Customer: replied 4 years ago.

When you say time off, do you mean a few hours out of the day with no pay for the appt?
I am not understanding time off? vs sick time vs PTO?
Expert:  Joseph replied 4 years ago.
I mean time off that would be unpaid, whereas sick leave and PTO are paid due to hours that the employee has accrued.

You cannot make deductions for the employee taking this time off, but you aren't oblgiated to compensate them if they don't have sufficient sick time or PTO to cover the time off needed for appointments.
Customer: replied 4 years ago.
So if their sick time runs out and they are still taking time off, then we call it" time off without pay" and then we can deduct? Is this correct?
Expert:  Joseph replied 4 years ago.
Yes, if their sick time runs out, you can call it 'time off without pay,' but you cannot make deductions from their wages for the time off, you just wouldn't be compensating them for the time off.
Customer: replied 4 years ago.
What is the difference between time off with no pay vs not compensating them?
Expert:  Joseph replied 4 years ago.
There is no difference between the two, you wouldn't be compensating them for the time off, that's all.
Customer: replied 4 years ago.
I am sorry. You tried to help, to me compensation is getting paid. Time off with pay is not getting paid.

Thank you for your help.

Have a nice weekend.
Expert:  Joseph replied 4 years ago.
Yes, that's what I've been trying to communicate. You wouldn't be paying them or compensating them for the time off.
Joseph and other California Employment Law Specialists are ready to help you

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