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Vacation/PTO accrual during pregnancy/disability leave California

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  • Vacation/PTO accrual during pregnancy/disability leave California

    Hello, I am a household employer with one employee (nanny). She is going to be taking 8 weeks of CA PDL after the birth of her child, and an additional 6 weeks of unpaid maternity leave (supplemented by CA PFL). By way of background, we do not have any formal written maternity leave policy on our contract with her. Her contract provides for PTO which we accrue each pay period.

    My question is whether her PTO benefit continues to accrue while she is on PDL. I know they wouldn't during the rest of her unpaid leave, but am not sure if while she is on disability we are required to accrue it.

    If it makes a difference, she has 120 hours of accrued PTO that we will be paying out while she is on disability. So I am not sure if we must accrue vacation during the period she is taking paid vacation, during all of the disability period, or whether we have no obligation to accrue after her last day of regular work.

    (as an aside, we love her dearly and want to make sure we do right by her, but are also struggling with affording to pay both her PTO benefits and our replacement child care, so we are just sort out what's right and required). Many thanks in advance.

  • #2
    In California, vacation accrues according to the employer's policy.

    http://www.dir.ca.gov/dlse/faq_vacation.htm

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    • #3
      If you only have 1 employee, you are not required to adhere to PDL. PDL only applies if you have 5 or more employees.

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