Employee Leaves
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Employee Leaves
Leave of Absence and Time Off
In our attorneys’ experience, leave of absence and time off is an often misunderstood area of employment and labor law for employers. Combined with other potential issues, such as the need for time off as a reasonable accommodation for a disability or the return to work on modified duty following a workers’ compensation leave, the legal analytics can be mind boggling.
The general rule in California is an employer does not have to allow time off unless the law requires it. Even if the law requires the time off, the law does not require employers to pay for the time off (with very limited exceptions).
In addition to required leaves, an employer can create additional leave obligations for itself by creation of leave policies or practices, such as vacation or PTO time, sick leave and time off for personal leaves of absence. Read More »