Questions & Answers

Back to All Q&As

Leave of Absence Q&As

• Can we have different vacation policies for different worksites and for different groups in the same office?
• Can we transfer an employee to a different position if they need to take intermittent FMLA/CFRA leave for medical treatments?
• Do I have to grant an employee time off to care for a neighbor?
• Who is considered a covered family member under the bereavement leave law?
• We simply list the holidays the company observes; how robust should our holiday policy be?
• If an employee is terminated before completing a 90-day probationary period, do we have to pay accrued vacation?
• Do I have to let an employee have time off for jury duty?
• Must I give an employee back their job when they return from pregnancy disability leave?
• Do I have to give an employee a personal leave of absence?
• Can we lay off an employee who is currently on FMLA leave?
• How much leave can a pregnant employee take?
• Can I let an employee who is out of vacation time use sick leave to take time off for a trip?
• What if a pregnant employee is exposed to chemicals at their work site, but their doctor has not restricted their work duties?
• What do I need to provide to an employee asking for several breaks during the day to pump breast milk?
• Can an employee bring a legal action for unused vacation time if he is still working?
• Are we required to allow an employee to use their child bonding leave by taking every Friday off for the next 12 weeks?
• Do I have to pay an employee while they're on child bonding leave?
• Can a California employer buy back vacation or paid time off (PTO) hours at less than full value from California-based employees?
• Can we assign vacation time to employees who do not sign up to take vacation?
• What can be done to avoid cashing out unused vacation on termination?​
• Are we required to let our employee take pregnancy disability leave during a very busy time for our business?
• Which employers are covered by family and medical leave laws?
• Are we required to provide members of the same family with leave at the same time to care for an ill parent? What happens if the parent dies?
• Can we fire an employee who has been gone eight months on pregnancy disability leave?
• If another company acquired our company last month, can my employee still take FMLA/CFRA for her pregnancy and child bonding?
• What is the law that requires time off for victims of domestic violence?
• What legal requirements should I consider in planning staffing over the holiday season?
• Do FMLA/CFRA laws apply to temporary employees?
• If I have fewer than 25 employees, do I have to let my employee leave work if her child is suspended and do I have to pay her for the entire day’s work?
• Is the employee’s eligibility for FMLA/CFRA based on the current or preceding year?
• Which employees are eligible for family and medical leave?
• What are employer options for holiday pay and holiday work?
• Can my employee use CFRA or FMLA to care for her adult, drug-addicted son, who refuses to go through a rehabilitation program?
• If an employee refuses to come back to work after being released from pregnancy disability leave, what can I do?
• Do we have to continue benefits accrual during FMLA leave?
• Does an employee continue to accrue vacation time while on pregnancy disability leave?
• As a small employer, do I need to distribute the paid family leave (PFL) brochure to new employees, and can my employees take PFL?
• If an employee requests an absence to be designated as FMLA/CFRA retroactively, do I have to do so?
• 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?
• Are employees entitled to time off for emergency duty and training?
• Do I have to continue to accommodate a pregnant employee who continues to be late or absent when all their paid sick leave and vacation has been used?
• Can employees file for leave under the CFRA or FMLA for depression and anxiety/stress claims?
• Is an employee in the process of adopting a child eligible for Paid Family Leave (PFL)?
• How does an employer’s closing, sale or bankruptcy affect final pay for accrued and unused vacation?
• Do I have to provide all new parents with child bonding time off?
• If a nonexempt employee is required to work on a company holiday, what rate should the employee earn for working that day?
• Does an employee’s longtime live-in girlfriend qualify as a registered domestic partner?
• How do I pay for sick leave under California’s paid sick leave law when an employee has more than one rate of pay?
• Does a potential new hire have an obligation to tell me they're pregnant before I hire them?
• Is pregnancy disability leave only for pregnant employees?
• Does pregnancy disability leave end at childbirth or the date in the doctor's note?
• Is a pregnant employee entitled to state disability insurance (SDI)?
• Do I have to pay exempt employees the day after a paid holiday?
• How do I pay an employee who works on a holiday?
• Must I pay an exempt employee who worked during his vacation?
• Must I pay overtime on hours an employee is paid for time off such as vacations, holidays and sick time?
• Can I provide more paid sick leave to some employees and not others?
• What is a PTO policy?
• We have a PTO policy. Do we have to track mandatory paid sick time separately from other reasons for time off?
• Do I have to grant a full-time employee's request to return to work on a part-time basis after their maternity leave?
• Do outside sales staff members receive vacation pay when they leave?
• Can we have a policy requiring employees to work the day before and after a holiday to receive pay for not working on the holiday?
• As a small employer, what are our options for an employee who has been on disability for two months?
• Is our small company required to continue health insurance benefits for an employee on PDL?
• Four months ago, my employee took PDL for three months and returned to work. She now wants to take child bonding leave. Will she be able to collect Paid Family Leave?
• Can I move an employee to another position because of their pregnancy?
• Does an ownership change require a vacation payout?
• If both parents of a newborn are employed by the same company, are we required to give both of them child bonding leave?
• What pregnancy disability leave notices and information do I have to give an employee?
• What is meant by “medical certification?”
• Voting polls are open before and after work, so do we have to give employees time off? And if so, is it paid time?
• Can I wait for a period of time before an employee starts earning vacation?
• Do I need to give an employee paid time off to go vote in person if they live in a county where all voting can be done by mail or at a drop off box?
• Is varying employee benefits based on job classification a form of discrimination?
• If our employee has used up all their family/medical leave and requests an extension, do we have to grant it, or can we terminate employment?
• What are the time limits and criteria applicable to a vacation earnings cap?
• Does vacation pay accrue during a layoff period?
• Can we change our vacation policies as a result of the employees not using their time during COVID-19?
• Can I lay off an employee on pregnancy disability leave?
• Can we deny an employee’s request to express breast milk at work and tell them to return to work when they no longer have this need?
• Can I require an employee to use accrued paid vacation time before taking unpaid time off?
• Can an employee take 12 weeks of FMLA for foster care placement and then another 12 weeks of FMLA if they adopt the child?
• Do I have to allow my employee to attend her grandson’s high school graduation?
• Are we required to change an employee’s schedule to part-time during her child bonding leave?
• Are we required by law to provide holiday pay to our employees?
• Am I required to offer paid holidays to my employees?
• Am I required to provide paid vacations for employees?
• Do I have to reinstate employees back from military leave?
• What rules apply to personal days or floating holidays?
• Is there a rule about capping vacation at one-and-one-half times an employee’s accrual rate?
• Can I require written documentation from a doctor for family and medical leave?
• Am I required to provide sick leave for employees?
• Can I require an employee to provide an FMLA/CFRA recertification if her original certification noted her condition was lifelong?
• Can I require employees to use vacation or forfeit it?
• Can I require that employees take vacation time only after they've earned it?
• Is the company required to notify employees when FMLA and/or CFRA periods have ended?
• Are new employees eligible for pregnancy disability leave?
• How do we count a holiday when tracking CFRA/FMLA?
• Are we required to provide an employee, who used FMLA/CFRA time last year to care for their mom, more leave time to care for their grandchild?
• If I lay off an employee on pregnancy disability leave, can they still collect SDI or PFL benefits?
• Does CFRA child bonding leave begin immediately after the baby is born or after PDL ends?
• Is a chiropractor considered a health care provider for medical leave certification purposes?
• 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?
• What choices do we have to calculate vacation pay for our commission only, outside sales staff?
• Is an employee eligible for CFRA or FMLA leave to care for a pregnant daughter?
• Must I consider an employee request for a flexible working schedule because of elder care obligations?
• 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?
• Do all 12 weeks of medical leave under FMLA/CFRA have to be taken at once?
• Is a deduction from an exempt employee’s vacation bank for a partial day’s absence limited to increments of four or more hours?
• Can we deny child bonding leave to a father who is not married?
• What leave laws apply to a gestational surrogate?
• When an existing employee changes jobs or classifications within a company, can we impose the paid sick leave waiting period?
• Must I allow an employee to use sick time when their children are sick?
• Am I required to limit the use of an employee’s paid sick leave under California's paid sick leave law?
• Can we choose not to limit the use of paid sick leave during an employee’s first 90 days of employment?
• How does kin care relate to the mandatory sick leave law?
• Will all employees earn the full amount of paid sick leave (five days or 40 hours) each year no matter how many or how few hours they work?
• Does time off to attend a funeral count as protected leave under either FMLA or CFRA?
• If an employee is a crime victim, what time off do I need to provide?
• Can we deny child bonding leave if our employee has not worked for our company for one year?
• What happens if an employee wants to take time off with the baby just after pregnancy disability leave?
• Do I have to grant my employee time off for cosmetic surgery and hold their job?
• Do employees have a right to take leave after a miscarriage?
• Do I need a jury duty policy in my handbook?
• Is there a simple way I can figure out which leave of absence requests I must grant?
• May we deduct from the exempt employee's salary when they have no paid time off accrued and takes off a partial day for the employee's own illness or for vacation?
• Do I have to pay an employee who is leaving for unused sick and/or vacation time?