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Forced to use PTO during bonding in CA California

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  • #16
    Any protected time off (if you qualify) would be under CFRA (or FMLA). As noted, PFL & PTO are just pay when you are off on leave - protected or unprotected. It sounds like you qualify for some protected leave per HR.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #17
      Just when I thought I had this all figured out, I came across this information on the paidfamilyleave.org website. Can any of you decipher this?

      Can my employer require to me to use vacation or sick leave before getting PFL benefits?
      Your employer may require you to use up to two weeks of earned but unused vacation leave prior to getting PFL benefits. Vacation leave may include paid time off. One week of vacation leave can be used during your seven day waiting period. However, your employer can not require you to take sick leave before getting PFL benefits.

      "Your employer may require you to use up to two weeks of earned but unused vacation leave prior to getting PFL benefits." - Does this mean that these two weeks would be considered vacation time and not be included as part of my bonding?

      "One week of vacation leave can be used during your seven day waiting period. However, your employer can not require you to take sick leave before getting PFL benefits" - What is the difference between vacation leave and sick leave? PTO encompasses both vacation and sick time.

      I'm not sure if it's the lack of sleep that's causing me so much confusion, but this just isn't clicking for me. Forgive me if I don't articulate this well, but please try to follow my logic and help me to understand if I'm completely misinterpreting this.
      Bottom line - I took 6 weeks off for bonding and my employer said that I have no more bonding time available. The first 2 weeks were paid using PTO with week 1 being the PFL waiting period. I was not given an option to not use any less than 2 weeks of PTO.
      Shouldn't one of the 2 weeks of PTO be just PTO and not be counted against my bonding time? I understand that PFL is simply how I'm paid during bonding but it sounds as though PFL and bonding time are somehow connected here.

      I'm not looking to scam the system in any way, nor am I trying to get any extra time that I'm not rightfully entitled to... I just somehow see that with my 2 weeks of PTO being used, I do have more bonding time available.
      Last edited by CAdad2014; 12-04-2014, 06:18 PM.

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      • #18
        You said your wife works for the same company/employer. Did she take 6 weeks for bonding? You only get together 12 weeks total of protected time off for bonding (under CFRA or under FMLA). If she took 6 weeks, you only get 6 weeks. Once again, PTO & PFL are just income while you are off & have nothing to do with how much time you get off. It looks like you were entitled to 6 weeks of protected leave only per HR.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment

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