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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37639
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Hell: We are based out of Utah and have a division in Caifornia.

Resolved Question:

Hell: We are based out of Utah and have a division in Caifornia. We give 3 weeks vacation, which includes sick days, personal time, jury duty, Dr visits. Is it OK with California that it is all deducted from Vacation,or does California require extra time for sick and personal days. What the requirements for sick leave and FMLA to become effective. How many hours do they need to work to qualify for FMLA or Sick leave? Thank you for your help.
Submitted: 5 years ago.
Category: California Employment Law
Customer: replied 5 years ago.
Relist: Answer came too late.
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm sorry to hear of the confusion.

CA does not require that either sick days are given, or vacation given, as part of employment benefits. You may designate the 3 weeks vacation time you give as all PTO (Paid Time Off) and charge it for any and all absences.

To be eligible for leave under the FMLA or the CFRA in California, an employee must be either a full-time or part-time employee, have more than 12 months (52 weeks) of service with the employer, have worked at least 1,250 hours in the 12-month period (24 hours per week) before the date the leave begins, and work at a location in which the employer has at least 50 employees within 75 miles radius of the employee's work site.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

I wish you the best in 2012.

Thank you.

Doug
Customer: replied 5 years ago.
Hello: Are you still there?
Expert:  LawTalk replied 5 years ago.
Yes, I am still here. If you want to ask a follow up---simply post it with your reply button.

Doug
Customer: replied 5 years ago.

Does this mean that if they take a few hours off to go to the Dr's or dentist etc. and then return to work, can this be deducted from vacation or because they are salary, and they work a partial day that that time cannot be deducted.

Thank you, XXXXX XXXXX appreciate this help.

Customer: replied 5 years ago.
What more information do you require? Can time be deducted from vacation for partial days worked due to appts?
Expert:  LawTalk replied 5 years ago.
Good morning,

I was unaware that your employees were all to be salaried exempt. Salaried exempt employees must be paid for the full workweek in any week in which they actually perform work. In this case, if you want to be able to deduct for sick days taken, you will perhaps want to consider giving 5 sick days and 10 PTO days for vacation and any personal time they may want.

Because of the rule requiring payment of full salary for any week in which work is performed, you may generally not take a deduction from an exempt employee’s salary for an absence caused by illness unless the absence exceeds a full week. However, if you have a bona fide paid sick time policy and the employee has exhausted their sick time under the policy, then you may make a salary deduction for any missed full days of work, thereafter. However, you would not be able to deduct for a partial day off because of illness.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

I wish you the best in 2012.

Thank you.

Doug
Customer: replied 5 years ago.
I am sorry for more questions, Are you saying that if they call in sick or take time off for appts and they have worked some days in that week, nothing can be deducted from vacation and they get a full salary, unless it is called sick time and if it is called sick time then after those days are used, then their paycheck can be deducted? What does Dr's appts and dentists time off fall under? PTO or sick time? It seems like they have alot of those days.

(you will perhaps want to consider giving 5 sick days and 10 PTO days for vacation and any personal time they may want.) is what you said above, what did you mean by any personal time they want?
Expert:  LawTalk replied 5 years ago.
Good morning,

Are you saying that if they call in sick or take time off for appts and they have worked some days in that week, nothing can be deducted from vacation and they get a full salary, unless it is called sick time and if it is called sick time then after those days are used, then their paycheck can be deducted?
Yes, that is correct. They can also be told that you need them to work 60 hours a week and they are not entitled to a dime more in salary either. Many employers who do not anticipate working an employee 50 or more hours a week often do not make them salaried exempt in the first place. You can still pay a salary based on an hourly wage and deduct for missed time---the only difference is that you then have to pay overtime if they work more than 8 in a day, more than 40 in a week or a 7th day in a row.

What does Dr's appts and dentists time off fall under? What ever your company policy wants to make it---sick time or PTO.

You are not obligated to give any vacation, or PTO. Only if you want to deduct for full days out sick do you have to first have a sick day policy and provide sick days they can use.

what did you mean by any personal time they want? I meant that if they want a personal day off, it comes out of their PTO allotment.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

I wish you the best in 2012.

Thank you.

Doug
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
Ok Thank you for your time, you were a big help. Please send me back that we are ending this conversation, so I can accept your answer.

Thank you again for your time.

Expert:  LawTalk replied 5 years ago.
As you wish. If I have answered your questions, you may consider this thread, and our conversation, ended.

Have a great weekend ahead.

Doug

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