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Mandatory Leave Policy Related Questions

Mandatory leave can cover a number of situations from maternity leave to sick leave. Understanding how the mandatory leave policy works usually depends on the state in which you live. Employment Lawyers on JustAnswer can answer questions that you may have related to mandatory leave and your company’s mandatory leave policy. Take a look at five of the top mandatory leave questions answered by the Experts.

Should employees be paid if they are on call during a mandatory leave?

Usually, if an employee is allowed to move freely without restriction and only required to be on call via cell phone, it is unlikely the employee would be eligible for pay. On call pay was established before the popularity of the cell phone. People used to have to stay near a land line phone in order to receive notice of on call duty. Now with the freedom offered by a cell phone, many people have few restrictions as to what they can do while on call, therefore they wouldn’t have a strong case as for the need of on call pay.

Is it mandatory to offer sick leave to employees?

Many employers offer paid sick leave, PTO and paid vacation time. However, there is no mandate that requires an employer to offer sick leave or vacation time to employees unless they are subject to the FMLA regulations. If this is the case, the employer would have to allow the employee time off for illness, but this would not be paid time off.

Are sick leave banks beneficial to employees?

Sick leave banks are an excellent opportunity for employees to set aside money to use in the event of an illness. Under the Family and Medical Leave Act of 1993, employers are required to provide 12 weeks of job protected leave to recover from an illness or to provide care for loved ones who need assistance. This sick leave is unpaid but the employee cannot lose their job due to the leave. This is where a sick leave bank benefits the employee. The employer usually governs the sick leave bank more so than the law. The employer usually has a policy put into place regarding eligibility.

Can an employer force mandatory leave on an employee who is injured?

An employer can force a mandatory leave on an employee who has been injured if the employer doesn’t have work that the employee can perform. Generally, the employer will try to work with the employee in order for the employee to continue to work. In the event that there is nothing available for the employee, the employer usually has no choice but to force the mandatory leave until the employee has healed from their injury.

Does California law require employers to permit employees to cash out on their sick days?

Usually, the employer is not required to allow an employee to “cash out” on their sick days. However, employees may try to negotiate the ability to cash out on their sick days by using a contract or a collective bargaining agreement. This option is only available if the agreement is in place in the company. There is one exception that may permit employees to cash out. This would be if the employer has collected vacation time and sick time into paid time off (PTO) days. California law allows employees to use the cash out option on vacation time.

Mandatory leave may or may not require the assistance of an experienced legal professional. However, if you need answers to legal questions related to mandatory leave, you shouldn’t rely on the well-meant opinions of your friends and coworkers. If you have questions that need answers, take your questions to Employment Lawyers on JustAnswer. The Experts can answer any question about mandatory leave that you may have and offer solutions to your individual problem in an efficient and knowledgeable manner.
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