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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Are we required to offer sick and vacation time to on-call

Resolved Question:

Are we required to offer sick and vacation time to on-call hourly employees? We have regular hourly employees who do receive sick and vacation time.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

The law does not require that employers provide vacation or sick time to employees typically. If the employer does provide such benefits, they must be sure not to discriminate against employees based on their race, gender, disability, age, or other protected status.

However, the law does otherwise permit employers to provide such benefits to one class of employees and not another as long as illegal discrimination is not involved and many employers do provide such benefits to full-time workers and not part-time workers.

Therefore, providing sick time and vacation time benefits to full-time hourly employees, while not providing such benefits to on-call employees would normally be permitted under the law.

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

Customer: replied 5 years ago.
I need a little more clarification. Have have some regular part-time employees who receive sick and vacation time. Because I offer it to these part-time people do I have to offer it to on-call employees who may work 40 hrs one week and 10 hrs the next?
Expert:  Tina replied 5 years ago.
Hello again,

Yes, you could distinguish between the two groups of employees without violating the law, as long as it does not also discriminate against employees based on a protected status such as race, gender, or age.

I hope that helps clarify my answer for you.

Customer: replied 5 years ago.
Does this apply to medical benefits as well? or are we wedded to the guidelines in our healthcare contracts. Anyone working 30 hrs or more qualifies for healthcare.
Expert:  Tina replied 5 years ago.
Hello again,

The same rule applies to medical benefits normally, but if there is a contract or policy in place providing for such benefits, that must be adhered to or the employer risks being sued for breach of an implied contract.

The employer can change the policy if they provide notice to the affected employees first.

Tina and other California Employment Law Specialists are ready to help you