Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Vacation/PTO accrual during pregnancy/disability leave California

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

  • 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

    Comment


    • #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.

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
      Working...
      X