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Mandatory Leave Policy Questions

Mandatory leave can cover a number of situations from maternity leave to sick leave. Understanding how the policy works depends on the state in which you live. Read below for answers provided by Legal Experts.

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

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 during this time

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. The employer usually governs the sick leave bank more so than the law. They normally have a policy put into place regarding eligibility. Under the Family and Medical Leave Act (FMLA) 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 may be And this is when a sick leave bank will benefit the employee.

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

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. If you have questions, ask Experts for solutions to your individual situation.

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