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California disability - eligible for raise & benefits

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  • California disability - eligible for raise & benefits

    HI - I have an employee who worked for me for 3 weeks before being injured on the job. He is currently out on disability. He has just reached his 3 months end of probation period with our company and would normally be eligible to start accruing vacation and receive a small raise. However, since he only worked for us for 3 weeks I would like to hold off till he actually returns to work and have him complete his 3 months probationary period (minus the 3 weeks he's already completed ) while actually on the job. Is that legal? I'm in california and have under 50 employees if that matters. I also recently had a mat leave case where the time off on leave was not counted towards seniority for raises so this would be in line with that policy.

  • #2
    Das ist in der Doktor!

    Originally posted by dinah View Post
    HI - I have an employee who worked for me for 3 weeks before being injured on the job. He is currently out on disability. He has just reached his 3 months end of probation period with our company and would normally be eligible to start accruing vacation and receive a small raise. However, since he only worked for us for 3 weeks I would like to hold off till he actually returns to work and have him complete his 3 months probationary period (minus the 3 weeks he's already completed ) while actually on the job. Is that legal? I'm in california and have under 50 employees if that matters. I also recently had a mat leave case where the time off on leave was not counted towards seniority for raises so this would be in line with that policy.
    Baring a CBA to the contrary, I'm not aware of any laws saying it is illegal to hold off until a probationary period is completed.

    ..______________
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    • #3
      Probation doesnt mean much legally except in the rare instance and this isnt one of them.
      Its more an internal issue regarding benefits, PTO etc. So if you have done this for others, you should do this for this employee. If you've never had it come up before, be sure that if you do extend the probation period, you do it for others going forward.

      May I suggest that you ammend your policy manual going forward to say that "if an occassion arises during an employees initial probation period that requires 5 dyas or more cummulative time off work, such time off, if granted, will not be considered as time worked toward fulfilling the probation period.

      Thats essentially what ours says.
      I find that the harder I work, the more luck I seem to have.
      Thomas Jefferson

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      • #4
        If it's your practice to extend the probationary period for other employees who have leave time during their introductory period, you can do the same for him. The fact that it's a WC situation doesn't provide the employee with any unique entitlements.

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