Here's a good one...

Kymm

Ok... we have an employee taking FMLA and it is our company policy that they must take any accrued PTO that they have on the books. (and say, in this case it is 160 hours). Now, in conjunction with the FMLA leave, he will also be taking the PAID Family Leave (CA employee) which states that the employer can only require an employee to use up to 2 weeks PTO maximum. So... if we make him take his 160 hours PTO for the FMLA, we will be in violation of the California Paid Family Leave. Any advice or comments?? - or am I just not thinking this right... :-)

Don D

It would seem to depend on whether or not the leaves are concurrent. If the California program kicks in only after, or in the absence of, federal FMLA, then the California regulation only applies to the California leave, unless the language specifically extends, as well, to the FMLA.

If the language says, for example, "An employee on California's Paid Family Leave cannot be forced to use more than two weeks of his accrued PTO during that leave", then I wouldn't think it would even apply until the employee actually entered that phase. But, if the language is that "An employee, while on FMLA or Paid Family Leave, cannot be required to exhaust more than two weeks of PTO accrual", then it does obviously apply to both.

Kymm

Yes, the leaves will run concurrent. For the FMLA leave, our company policy states that "we require that you use all accrued paid time off for any part of the requested leave"... and for the CA PAID Family Leave, it states that the employer has the discretion to require an employee to take up to two weeks of earned but unused vacation leave.

Don D

There are some situations where running leaves concurrent shoots the employer in the foot. Here are two:

1) Your situation whereby the decision to run them concurrent limits you to only two weeks of required use of PTO.

2) Combining FMLA with Workers' Compensation in the case of industrial injury, where you may want to require the worker to return to restricted duty after a period of time under your state WC law, FMLA prohibits the employer from requiring restricted duty return.

You have to balance all this in the planning process to decide which way your policy will read. But, once you have your policy, you should not deviate from it and sometimes you find yourself painted into a corner.

lnelson

FMLA & PFL are run concurrent and PFL does state that unused vacation up to 2 weeks can be applied prior to receiving the 6 week payout benefit. What about after the 6weeks they still have 4wks left. Could remaining PTO be applied? x:-/

12 weeks total leave
6 weeks are covered by PFL
up to 2 weeks PTO paid prior to payout
that leaves 4 weeks unpaid

Lisa xflash

Don D

I don't know Jack about Mexifornia law, so really can't comment. It is frequently beyond the realm of reason.