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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4823
Experience:  Extensive experience representing employees and management
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I have an Extended Illness Leave benefit that offers me paid

Customer Question

I have an Extended Illness Leave benefit that offers me paid illness time if I am hospitalized or have a doctor's note. I am ending my employment tomorrow and wonder, does my employer have to pay me this balance?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Joseph replied 10 months ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.


I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.


Can you tell me if this benefit is based on the hours that you have worked?
Customer: replied 10 months ago.


I am salaried, but this benefit is calculated based on hrs I have worked or time off that I have taken. Every pay check pays me for 40 hrs per week at a rate, even if I've worked more or less.

Expert:  Joseph replied 10 months ago.
Hello Aaron,

Thanks for the clarification. Yes, since this benefit is based off of time work, it would be considered wages. You are entitled to receive all wages within 72 hours of your termination (earlier if you gave prior notice).

If your employer fails to pay this amount, they you should file a wage claim against your employer using the information available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

I hope the above information is helpful.

Please let me know if you have any clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!

Customer: replied 10 months ago.


Could you send me a link to the law so that I can send this to my employer?


Also, if they respond that I am salaried, so this would not apply, is this a valid argument?


Thank you!


 

Expert:  Joseph replied 10 months ago.
That wouldn't be a valid argument. The benefit was based on how long you had worked (term of service). It doesn't matter that you were hourly or salaried.

It's Employment Code Section 201 below:



201. (a) If an employer discharges an employee, the wages earned
and unpaid at the time of discharge are due and payable immediately.
An employer who lays off a group of employees by reason of the
termination of seasonal employment in the curing, canning, or drying
of any variety of perishable fruit, fish or vegetables, shall be
deemed to have made immediate payment when the wages of said
employees are paid within a reasonable time as necessary for
computation and payment thereof; provided, however, that the
reasonable time shall not exceed 72 hours, and further provided that
payment shall be made by mail to any employee who so requests and
designates a mailing address therefor.
(b) Notwithstanding any other provision of law, the state employer
shall be deemed to have made an immediate payment of wages under
this section for any unused or accumulated vacation, annual leave,
holiday leave, or time off to which the employee is entitled by
reason of previous overtime work where compensating time off was
given by the appointing power, provided, at least five workdays prior
to his or her final day of employment, the employee submits a
written election to his or her appointing power authorizing the state
employer to tender payment for any or all leave to be contributed on
a pretax basis to the employee's account in a state-sponsored
supplemental retirement plan as described under Sections 401(k), 403
(b), or 457 of the Internal Revenue Code provided the plan allows
those contributions. The contribution shall be tendered for payment
to the employee's 401(k), 403(b), or 457 plan account no later than
45 days after the employee's discharge from employment. Nothing in
this section is intended to authorize contributions in excess of the
annual deferral limits imposed under federal and state law or the
provisions of the supplemental retirement plan itself.
(c) Notwithstanding any other provision of law, when the state
employer discharges an employee, the employee may, at least five
workdays prior to his or her final day of employment, submit a
written election to his or her appointing power authorizing the state
employer to defer into the next calendar year payment of any or all
of the employee's unused or accumulated vacation, annual leave,
holiday leave, or time off to which the employee is entitled by
reason of previous overtime work where compensating time off was
given by the appointing power. To qualify for the deferral of payment
under this section, only that portion of leave that extends past the
November pay period for state employees shall be deferred into the
next calendar year. An employee electing to defer payment into the
next calendar year under this section may do any of the following:
(1) Contribute the entire payment to his or her 401(k), 403(b), or
457 plan account.
(2) Contribute any portion of the deferred payment to his or her
401(k), 403(b), or 457 plan account and receive cash payment for the
remaining noncontributed unused leave.
(3) Receive a lump-sum payment for all of the deferred unused
leave as described above.
Payments shall be tendered under this section no later than
February 1 in the year following the employee's last day of
employment. Nothing in this section is intended to authorize
contributions in excess of the annual deferral limits imposed under
federal and state law or the provisions of the supplemental
retirement plan itself.
Joseph, Lawyer
Satisfied Customers: 4823
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 10 months ago.

Hello Aaron,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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