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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4966
Experience:  Extensive experience representing employees and management
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The California employee is used up there FMLA and has used

Customer Question

The California employee is used up there FMLA and has used up their vacation, but is due to return tomorrow according to the paperwork.
Do we have to wait now to she if she comes back tomorrow or can we let her go. Her FMLA started on July 12th, which takes her to October 12th and then her 3 weeks vacation ended on November 1st. Do we need to wait to see if she comes back or can we let her go?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Joseph replied 9 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

You don't need to wait to terminate her, because she is no longer protected from termination, since she is no longer on FMLA leave or any other protected from of leave.

You can terminate her today if you wish and don't need to wait to see if she comes back tomorrow, since you aren't required to do so under law.


I hope the above information is helpful.

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

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 4966
Experience: Extensive experience representing employees and management
Joseph and 4 other California Employment Law Specialists are ready to help you
Customer: replied 9 months ago.

Do we have to pay her vacation of three weeks, the extra weeks that she took was not told to her that it was her vacation weeks. I get worried with California.

Customer: replied 9 months ago.


Hello Joseph: Are you still there?

Expert:  Joseph replied 9 months ago.
Hello Valerie,

If you paid her for her paid vacation days already, you have no obligation to pay them to her twice.

However, if she has any accrued vacation days, you need to pay her for them at the time of termination. Otherwise, you would be responsible for paying the accrued vacation days as well as waiting time penalties of a day's wages per day the employee was required to wait to receive their accrued vacation time.

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