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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37816
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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As an employer, I have a salaried employee that is preparing

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As an employer, I have a salaried employee that is preparing to go on unpaid maternity leave. What are my options to pay her hourly (PT)?

She has saved up three weeks of PTO (Personal Time Off) and would like to take six weeks total (leaving her with three weeks unpaid). During her maternity leave she has asked if she could work hourly PT from home.

I am okay with this but do not want to become involved in any legal or HR issues. She is coming back to work after her maternity leave so I am working on a temporary replacement until she returns.

What are my options and what pitfalls could I run into?

Good morning Greg,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

As you are certainly aware, under CA law, your employee is allowed to take time off for maternity reasons, and that time off cannot be denied.

However, you are clearly in agreement with her on the time to be taken and you are allowing her to take her 3 weeks of PTO as well. If the two of you agree to have her work part time from her home, there is absolutely nothing wrong with that. All you will need to do is add the time she works each pay period to the PTO time while her PTO is being paid, and the remaining 3 weeks will be paid at the straight hourly charge.

The PTO time will not count as "work hours" so they will not play into any overtime issues. In other words, if she works 4 hours one day when she has also taken 8 hours of PTO, the 4 hours of actual work will not be overtime hours.

There are no legal problems with the plan you are considering, and I see no pitfalls for you here.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,


Customer: replied 4 years ago.

Thanks Doug. Since I live and work in Michigan, would the federal and state guidelines/statutes likely be consistent with CA?

Hi Greg,

The plan will work equally well in MI. There are no laws violated by allowing an employee out on maternity leave to work part time if they wish.

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Thank you for your positive rating of my service, Greg. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

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