Time Off Questions & Answers

This section helps you understand how family/medical leave laws apply to your company and how long you have to hold a job for an employee on leave.

Domestic Violence - Sexual Assault

• What is the law that requires time off for victims of domestic violence?

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Family Leave

• What are the most common labor law misconceptions?
• Do I have to offer COBRA coverage to someone who is on Family/Medical leave?
• Must an employer grant an employee's request for a family/medical leave of absence for elective or cosmetic surgery?
• Does the employee have to specifically ask for family leave for it to count as family leave?
• Can I require an employee to pay for his/her insurance on a leave?

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Jury Duty

• Do I have to let an employee have time off for jury duty, and if so is the time paid or unpaid?
• Do I have to pay a new exempt employee on jury duty if any work is done that week?
• Do I need a jury duty policy in my handbook?

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Holidays

• Am I required to offer paid holidays to my employees?
• Do I have to pay exempt employees the day after a paid holiday?
• How do I pay an employee who works on a holiday?
• If a nonexempt employee is required to work on a company holiday, what rate should he/she earn for working that day?
• Must I pay overtime on hours an employee is paid for time off such as vacations, holidays and sick time?

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Kin Care

• Am I required to provide sick leave for employees?
• Must I allow an employee to use sick time when his/her children are sick?

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Military Service Leave

• Are there any changes to military leave laws?
• Can I lay off active-duty military personnel?
• Do I have to reinstate employees back from military leave?
• How does our organization comply with the new federal Family and Medical Leave Act (FMLA) law?

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Personal Leave

• Do I have to give an employee a personal leave of absence?

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Pregnancy

• Does a potential new hire have an obligation to tell me she is pregnant before I hire her?
• Do I have to give Pregnancy Disability Leave (PDL) to a new employee?
• Do I have to continue sick leave and vacation while an employee is on pregnancy leave?
• Can I ask for a note from a woman's doctor certifying that she is disabled by her pregnancy, or that she can come back to work?
• How much leave can a pregnant employee take?

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Sick Leave

• Am I required to provide sick leave for employees?
• May an employee get sick leave pay while on SDI?
• Do I have to continue sick leave and vacation while an employee is on pregnancy leave?
• Must I pay overtime on hours an employee is paid for time off such as vacations, holidays and sick time?

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Vacation

• Must I pay overtime on hours an employee is paid for time off such as vacations, holidays and sick time?
• Am I required to provide paid vacations for employees?
• Does an ownership change require a vacation payout?
• May we negotiate or offer more paid vacation time as a new employee as a recruitment incentive?
• Does vacation pay accrue during a layoff period?

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Volunteer Service

• Are employees entitled to time off for emergency duty and training?

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