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Asked in CA May 21, 2022 ,  0 answers
The employee handbook says employees will be paid differential pay for vacation and sick days. The company has not been paying this compensation to employees because the employer says a new copy of the employee handbook is in effect. However employees are never given a copy or have signed the new handbook. The company website still has the 2005 handbook active. We have not been paid differential for our days taken. Is this legal? I recently asked the HR person for this handbook and she said it was being revised and has not yet taken effect.
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3 Answers

Anonymous
Reply

Posted on / Dec. 20, 2010 12:51:00

Vacation pay can be offered by an employer, but is not required by law. If an employer provides vacation pay, the pay legally belongs to the employee, and the employee's accrued vacation days can never be lost.

With respect to sick pay, you are going to have to look at the federal Family and Medical Leave Act (FMLA) (29 U.S.C. sect. 2601) and the California Family Rights Act (CFRA)( Gov't Code sect. 12945.2 and 19702.3) to determine whether it applies. It is generally applicable to employers of 50 or more employees.

These acts contain overlapping and sometimes conflicting employee rights and employer obligations. Covered employers must provide time off for personal illness, to attend to the illness of a member of the employee's family, and in connection with the birth or adoption of a child. Although that sounds simple, I can tell you that FMLA/ CFRA cases are among the most litigated of all employment law cases and can result in large liabilities.

Anonymous
Reply

Posted on / Dec. 20, 2010 12:51:00

Vacation pay can be offered by an employer, but is not required by law. If an employer provides vacation pay, the pay legally belongs to the employee, and the employee's accrued vacation days can never be lost.

With respect to sick pay, you are going to have to look at the federal Family and Medical Leave Act (FMLA) (29 U.S.C. sect. 2601) and the California Family Rights Act (CFRA)( Gov't Code sect. 12945.2 and 19702.3) to determine whether it applies. It is generally applicable to employers of 50 or more employees.

These acts contain overlapping and sometimes conflicting employee rights and employer obligations. Covered employers must provide time off for personal illness, to attend to the illness of a member of the employee's family, and in connection with the birth or adoption of a child. Although that sounds simple, I can tell you that FMLA/ CFRA cases are among the most litigated of all employment law cases and can result in large liabilities.

Anonymous
Reply

Posted on / Dec. 20, 2010 12:51:00

Vacation pay can be offered by an employer, but is not required by law. If an employer provides vacation pay, the pay legally belongs to the employee, and the employee's accrued vacation days can never be lost.

With respect to sick pay, you are going to have to look at the federal Family and Medical Leave Act (FMLA) (29 U.S.C. sect. 2601) and the California Family Rights Act (CFRA)( Gov't Code sect. 12945.2 and 19702.3) to determine whether it applies. It is generally applicable to employers of 50 or more employees.

These acts contain overlapping and sometimes conflicting employee rights and employer obligations. Covered employers must provide time off for personal illness, to attend to the illness of a member of the employee's family, and in connection with the birth or adoption of a child. Although that sounds simple, I can tell you that FMLA/ CFRA cases are among the most litigated of all employment law cases and can result in large liabilities.

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