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View Full Version : PTO/PFL laws for Small Businesses in California California


rwarren41578
03-30-2007, 09:31 AM
I work for a small business (less that 50 employees) in Southern California. We currently have two male employees who's wives are expecting babies. Both of these employees have inquired as to how much PTO they are allowed for paternity leave. I have been researching California State laws and found a whole bunch of information regrading PTO and PFL however as we are such a small business we are not subject to FMLA or the CFRA. Does any one have any advise, thoughts, or experience that would apply to this matter??? I'd appreciate any and all the help I can get. Thank you!

ScottB
03-30-2007, 10:56 AM
If you are not required to provide any time off, paid or unpaid, under FMLA or CFRA, simply inform the employees that they are not eligible.

Then work with them to use PTO or unpaid leave to give them some time off.

That will be good for them and for the business, unless you absolutely cannot spare them for whatever time it is they need.

rwarren41578
03-30-2007, 11:20 AM
We are a small business and are not required under FMLA or CFRA to provide any PTO or UPTO to employees for paternity leave. What about the PFLI provided through SDI... Does anyone know how much time is allowed off for paternity leave and if it is PAID or UNPAID leave?

ScottB
03-30-2007, 11:22 AM
Since I am not in CA and have, at best, a poor understanding of the laws, wage orders, etc. I will bump you for someone who might be able to help.

Megan, Barry, tpass?

Droopy128
03-30-2007, 11:28 AM
Since it is not covered FMLA/CFRA, is up to employer discretion to allow an allotted time off depending on your business necessity, and they certainly can apply for PFL (up to six week of paid).

http://www.edd.ca.gov/direp/de8714cf.pdf

ScottB
03-30-2007, 11:32 AM
Droopy, I am adding you to my list of experts on CA law.

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