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I have one employee that will qualify for paid time off of…

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I have one employee that...
I have one employee that will qualify for paid time off of 40 hours on July 1st this year for use during July to December 2018 having completed one year of full time employment. He has already taken 24 hours of sick time this year. Can I reduce the amount of paid time off by 24 hours being as he has already taken it?
Submitted: 1 month ago.Category: Employment Law
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Answered in 8 minutes by:
3/6/2018
Employment Lawyer: socrateaser, Lawyer replied 1 month ago
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39,773
Experience: Retired
Verified

Hello,

If you had a paid/personal time off (PTO) policy in place before the employee took sick leave, and the employee was eligible for that PTO at the time they used their sick leave, then you could deduct the 24 hours from the employee's PTO. But, if there was no policy in place, and you attempt to retroactively adopt the policy, then the employee would have a valid claim for unpaid sick leave, or alternatively, for unpaid vacation, if the employee were to terminate employment (whether or not voluntarily).

See Cal. Labor Code Section 246 subd. (f).

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Customer reply replied 1 month ago
OK, the policy was in place but he was employed on 1st July last year and does not qualify for paid time off until 1st July this year so I guess that does mean I can't deduct the 24 hours he has already taken?
Employment Lawyer: socrateaser, Lawyer replied 1 month ago

Regrettably, if the employee doesn't qualify for PTO, then you can't use it to offset paid sick leave.

You may want to amend your policy so that the employees accrue PTO pro rata during their first year. That would permit you to offset paid sick leave.

I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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socrateaser
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Category: Employment Law
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