Paid Family Leave (CA) and PTO Question

[emartin]

What is the name of your state (only U.S. law)? CA

So, my wife and I are having a baby this year. I'd like to take advantage of California's 6-weeks of Paid Family Leave.

The law allows employers to require up to 2 weeks of available PTO to be used before the leave benefits can be applied. My particular employer requires 40 hours.

Unfortunately, I'll only have < 2 days accrued. I asked my employer and they said I would have to take unpaid leave for the remaining hours (to get to 40). In reading through the documents I can find, I don't see anywhere that this is mentioned as an option. I see specific mention that employers cannot take from sick leave (if offered/available).

So, my question is, is this legal? I'm going to try and call EDD, but getting through there is a little difficult

Thanks in advance.

 

[swalsh411]

Your employer does not have to pay you for paid leave that you have not earned. This is an entirely separate issue from FMLA leave.

 

[emartin]

Your employer does not have to pay you for paid leave that you have not earned. This is an entirely separate issue from FMLA leave.

Thanks for your response. I realize they don't have to give me something I haven't earned. What I want to know is if they say you must use available PTO (up to 40 hours) and I don't have 40 hours, if they can say I have to take unpaid time. That doesn't seem to be in-line with the intention of the FMLA benefit...

 

[cbg]

FMLA is specifically and by statute unpaid.

 

[Antigone*]

California allows for up to 6 weeks of paid family leave. You will find all the information you need right here.

Paid Family Leave

 

[Zigner]

And I agree. If you have only accrued 2 days of PTO, then that's all that can be taken against the PFL.

 

[emartin]

FMLA is specifically and by statute unpaid.

True, however, California has a 6 week paid benefit.

California allows for up to 6 weeks of paid family leave. You will find all the information you need right here.

Paid Family Leave

Thanks, I've reviewed all of the documents in detail. They state than an employer can require up to two weeks PTO to be used prior to the benefit and that sick time cannot be used if enough PTO is not accrued. What I can't find is if they can make you take unpaid time to meet the pre-benefit condition (accrued PTO).

And I agree. If you have only accrued 2 days of PTO, then that's all that can be taken against the PFL.

That's what I think too. Just trying to find legal info to back it up.

Thanks all.

 

[Antigone*]

Congratulations on the new baby

 

[cbg]

I am aware of CA's paid leave benefit. But that is not what you referenced. You referenced FMLA, which is a Federal, not a California law, and which does not require that you be paid.

 

[emartin]

I am aware of CA's paid leave benefit. But that is not what you referenced. You referenced FMLA, which is a Federal, not a California law, and which does not require that you be paid.

Actually, cbg, if you read my original post, I said:

"I'd like to take advantage of California's 6-weeks of Paid Family Leave."

Again, I appreciate the input. I've already done a lot of research and was just hoping to find out if anyone had an answer to my CA specific question.

 

[cbg]

And if you read your own words you said:

That doesn't seem to be in-line with the intention of the FMLA benefit...

And that is what I was responding to.