Announcement

Collapse
No announcement yet.

CA EDD Family Bonding LOA and Employee Vacation time California

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • CA EDD Family Bonding LOA and Employee Vacation time California

    Hi,

    I work for a large corporation and due to this fact sometimes the left and the right do not communicate very well. My Girlfriend recently had a new baby with me and she is currently unemployed but collecting from CA EDD for Family Bonding. I am currently employed but I am on a LOA for family bonding with my new baby. I plan on being gone a total of 6 weeks. I am nearing the end and initially I was told by my corporate HR(based in India) that I could request vacation time as well as state pay. I spoke to my local district Admin who helped me process payroll for only 16 hours a week so that my work pays 40% and the state pays 60% totaling 100% of my pay the past few weeks. Now I received a phone call from my Employers LOA HR case worker. During the phone call it came up that I submitted a request for my state disability and she told me in an ever so snotty way that I was ineligible for my vacation time and as a result have been over paid and that she would immediately submit to have all my pay while I have been on my LOA reversed because according to my company policy I cannot use ANY of my vacation while on state Paid Family Leave bonding LOA. I tried explaining that although I have submitted for my LOA I have not received a penny from them yet as there were issues they were trying to figure out first. She stated that it doesn't matter and that if I don't call them to cancel my state EDD PFL LOA that she will process the reversal..... My question is.. is this correct? Can she seriously prohibit me from using my earned vacation time while I am on a state LOA?

    Any suggestions?

    Best Wishes,

    --Brandon

  • #2
    In your post you stated you "submitted a request for my state disability..." - I assume you mean you submitted a request for California's "Paid Family Leave" (PFL) as your girlfriend's pregnancy would not cause you a disability. I am also a little confused by some of the wording in your post.

    1. You are aware that while California PFL provides benefits for lost wages it does not provide job protection or leave rights. Correct?
    2. Leave rights, with job protection, come if you are eligible for CFRA/FMLA. You must have more than 12 months of service with the employer and worked at least 1,250 hours for that employer in the 12-month period before the leave begins. With that in mind, are you eligible for CFRA Baby Bonding Leave under California law? If yes, presumably your employer approved the leave.

    The EDD PFL pamphlet (http://www.edd.ca.gov/pdf_pub_ctr/de2511.pdf) indicates that to qualify for PFL, one of the requirements is you "Use up to two weeks of any earned but unused vacation leave or paid time off [PTO] if required by your employer (emphasis added) prior to the initial receipt of benefits." That seems to imply use of vacation time does not contravene California rules; whether or not your employer has a policy saying you cannot use accrued vacation/PTO time in conjunction with PFL, we cannot determine - I don't know with certainty if such a policy would be permissible in California. Accrued vacation/PTO time cannot be forfeited but your employer can control when vacation/PTO can be used.

    Does your employer's handbook/written policies on Leaves of Absence address the use of vacation/PTO time in conjunction with a CFRA/FMLA LOA? I would hope and expect a large corporation to have a handbook/manual which clarifies this.

    Is your employer's "LOA HR caseworker" a firm employee or a third party administrator? If the latter, I would request clarification directly from the employer's HR Department. A third party administrator could be misinterpreting the company policy.

    Good luck.
    While I may work for lawyers, I am not an attorney. Comments I make are based on my working experiences and should not be interpreted as legal advice.

    Comment

    Working...
    X