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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27888
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My wifes employer says she must file for California Disability

Customer Question

My wife's employer says she must file for California Disability while on her pregnancy leave and they will apply her saved 'sick days' and pay only the difference between what state disability pays out, and her actual pay.

My question is, can they still deduct a full sick day (8 hours) even if there only paying out about 2 hours worth per day?

Her employee handbook says sick time may be used in 1/2 hour increments. Her company only has about 10 employees.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Unfortunately, EDD does allow the employer to deduct a full day of sick pay for each day that an employee is out on disability, despite the fact that the employer is only paying a portion of the daily wage and the state is making up the difference.

The state of California not only allows such "intigration" of sick leave with CA SDI, but it is also allowed with the use of FMLA leave.

If your wife is out for the whole day on disability, the employer deducts the whole day of sick leave. They ate not required to deduct only a pro rata amount of leave based on their share of the payment. I'm sorry.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Doug
Customer: replied 1 year ago.

I will add a bonus if you could also please answer: The HR lady told her she can only use about 60% of accrued sick time toward pregnancy leave. Even though it does not say that anywhere in her employee handbook.


 


Is this true? and Thanks!

Expert:  LawTalk replied 1 year ago.
Good morning,

I'm not sure that there isn't a misunderstanding in the communication.

Now, CA SDI pays only about 60% of normal wages, and when an employer integrates sick leave with SDI, the employer pays the remainder of the wage which is unpaid by SDI, so that the employee gets full wages so long as the SDI and available sick leave is integrated.

If the employer were simply to pay the employee full pay for the sick days, then under state law SDI would not pay any benefits for those days---then employee may never collect more than full wages between sick time and SDI.

I have never seen a CA employment law limiting what benefits that an employer may give their employee---at least in terms of limiting the allowable sick leave integration to 60%. My understanding is that the employer is free to integrate 100% of the accrued sick leave when an employee goes out on disability.

I can't explain why such a policy would not be in the employee handbook, and yet be claimed by HR.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
LawTalk, Attorney
Satisfied Customers: 27888
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Jason. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (8-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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