Leaves of Absence Q&A

Family and Medical Leave

• Is a chiropractor considered a 'health care provider' for medical leave certification purposes?
• Do family leave laws apply to temporary employees?
• What posters, notices and policies are required under family leave laws?
• Must an employer grant an employee's request for a family/medical leave of absence for elective or cosmetic surgery?
• Which employees are eligible for family leave?
• What happens if an employee wants to take family leave after she just had pregnancy disability leave?
• Do all 12 weeks of family leave have to be taken at once?
• Which employers are covered by family leave laws?
• Do we have to continue benefits accrual during FMLA leave?
• Are baby bonding laws different in California?
• Does the employee have to specifically ask for family leave for it to count as family leave?
• Can I require written documentation from a doctor for family leave?
• We need to lay off the employees in our surveying department, but one of them is on Family and Medical Leave Act (FMLA) leave to bond with his new baby. Do we have to hold his job open for him?
• I don’t have to comply with the family leave laws because I have less than 50 employees. Can my employees take paid family leave and do I need to distribute the paid family leave brochures to new employees?
• Is the employee’s eligibility for FMLA/CFRA based on the current or preceding year?
• My employee had a baby last month and will be returning to work soon. Before her leave she worked full-time, but now she wants to work only part-time. What are my obligations to return her to work?
• I have an employee in the process of adopting a child. Would she be eligible for paid family leave (PFL)?
• If an employee on FMLA/CFRA does not turn in the required medical certification on time, can the company deny their leave and terminate them?
• If an employee requests an absence to be designated as FMLA qualified retroactively (1 month), does the Company have to designate?
• What do you have an employee provide to certify that a family member needs to be cared for?
• What is meant by “medical certification?”
• Is the company required to notify employees when FMLA and/or CFRA periods have ended?
• We are an employer covered by the federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA). If an employee has not been with us one year and worked 1,250 hours, is the employee eligible for baby bonding leave?
• Are we required to change an employee’s schedule to part-time during her baby bonding leave?
• Both parents of a newborn are employed by the same company. Are we required to give both of them baby bonding leave?
• Can we deny baby bonding leave to a father who is not married?
• Our employee has not met the FMLA/CFRA requirements of having worked one year and 1,250 hours. Can we deny baby bonding leave?
• Does CFRA begin immediately after the baby is born or after PDL ends?
• My employee wants time off for cosmetic surgery. Do I have to hold her job? Would she be able to collect state disability insurance (SDI)?
• One of my male employees has a new baby. What amount of time do I have to provide for his baby bonding time? Do I have to pay him for this time?
• We employ members of the same family who are requesting parental leave at the same time. Are we required to provide them with leave at the same time? What happens if the parent dies?

Pregnancy Disability Leave

• What job protection and benefits do we need to continue for an employee on disability leave?
• Is a pregnant employee entitled to SDI?
• Do I have to continue sick leave and vacation while an employee is on pregnancy leave?
• Does a potential new hire have an obligation to tell me she is pregnant before I hire her?
• What notices and information do I have to give an employee about Pregnancy Disability Leave?
• What happens if an employee wants to take family leave after she just had pregnancy disability leave?
• Is it legal to fire an employee who has been gone on eight months pregnancy leave?
• How much leave can a pregnant employee take?
• Do I have to give Pregnancy Disability Leave (PDL) to a new employee?
• Do I have to give an employee her job back after her return from maternity leave?
• Can I move an employee to another position because of her pregnancy?
• 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?
• My employee had a baby last month and will be returning to work soon. Before her leave she worked full-time, but now she wants to work only part-time. What are my obligations to return her to work?
• If an employee on FMLA/CFRA does not turn in the required medical certification on time, can the company deny their leave and terminate them?
• An employee is asking if she can use her baby bonding leave by taking every Friday off for the next 12 weeks. Are we required to do that?
• If we allowed one employee to take baby bonding leave intermittently, are we required to provide other employees with the same provisions?
• Both parents of a newborn are employed by the same company. Are we required to give both of them baby bonding leave?
• Our employee has not met the FMLA/CFRA requirements of having worked one year and 1,250 hours. Can we deny baby bonding leave?
• Does CFRA begin immediately after the baby is born or after PDL ends?
• What if there is a mandated or company holiday while the employee is out? Does it count toward the 88 days of PDL?
• Under PDL, do expectant fathers qualify for the same leave?
• How long must we hold a job open for an employee disabled by pregnancy, who is not eligible for family medical leave?
• Do we have to continue health insurance benefits for a woman while she’s on PDL?

Paid Family Leave

• Is there a simple way I can figure out which leave of absence requests I must grant?
• I don’t have to comply with the family leave laws because I have less than 50 employees. Can my employees take paid family leave and do I need to distribute the paid family leave brochures to new employees?
• Does the employer have to continue health care benefits for a father who chooses to take the six-week paid family leave to bond with his newborn child?

PTO, Sick, Vacation and Holiday

• Am I required to provide sick leave for employees?
• Must I allow an employee to use sick time when his/her children are sick?
• What is a PTO policy?
• What rules apply to personal days or floating holidays?
• Can I wait for a period of time before an employee starts earning vacation?
• Can I require that employees take vacation time only after they've earned it?
• Is it OK to vary benefits based on job duties, classification?
• Does an ownership change require a vacation payout?
• Do outside sales staff members receive vacation pay when they leave?
• If a nonexempt employee is required to work on a company holiday, what rate should he/she earn for working that day?
• Does vacation pay accrue during a layoff period?
• Am I required to provide paid vacations for employees?
• What should I do when Christmas Eve and Christmas Day, and New Year's Eve and New Year's Day fall on Saturday and Sunday?
• Am I required to offer paid holidays to my employees?
• Can I require employees to use vacation or forfeit it?
• Do I have to continue sick leave and vacation while an employee is on pregnancy leave?
• How do I pay an employee who works on a holiday?
• Can my employees accrue compensatory time off (comp time) instead of being paid overtime?
• Do I have to pay an employee who is leaving for unused sick and/or vacation time?
• May we deduct from the exempt employee's salary when he/she has no paid time off accrued and takes off a partial day for the employee's own illness or for vacation?
• Must I pay overtime on hours an employee is paid for time off such as vacations, holidays and sick time?
• Must I pay an exempt employee who worked during his vacation?
• Do I have to pay nonexempt employees for time spent traveling to and attending a conference?
• Do I have to pay exempt employees the day after a paid holiday?
• Must we grant an employee a leave of absence for baby bonding?
• What are employer options for holiday pay and holiday work?
• Is there a rule about capping vacation at one-and-one-half times an employee’s accrual rate?
• If our employees have accumulated large vacation balances can we offer our employees a one-time chance to cash in vacation at a reduced rate, specifically at one-half of their current salary or wage and still be in compliance with California law?
• What legal requirements should I consider in planning staffing over the holiday season?
• Can we assign vacation time to employees who do not sign up to take vacation?
• What if there is a mandated or company holiday while the employee is out? Does it count toward the 88 days of PDL?
• What choices do we have to calculate vacation pay for our commission only, outside sales staff?
• What are the payday requirements when an employer is closed?
• How does an employer’s closing, sale or bankruptcy affect final pay for accrued and unused vacation?
• Are we required by law to provide holiday pay to our employees?
• I have an employee who says that she does not feel well. What should I do?
• Can an employee bring a legal action for unused vacation time if he is still working?
• Can a California employer buy back vacation or paid time off (PTO) hours at less than full value from California-based employees?
• When planning a company holiday party are there any legal issues to consider?
• What can be done to avoid cashing out unused vacation on termination?​

Domestic Violence and Sexual Assault Victim Leave

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

Jury or Witness Duty Leave

• Do I need a jury duty policy in my handbook?
• 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?
• Am I required to pay wages to employees who serve on jury duty?

Volunteer Civil Service Leave

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

Voting Leave

• Voting polls are open before and after work, so do we have to give employees time off? And if so, is it paid time?

Other Leaves

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