Group #7Group #7Paid Time OffPaid Time Off

Miguel GarciaMiguel GarciaJustin JangJustin Jang

Eric RabbonEric RabbonAlisha TomitaAlisha Tomita

Justin JangJustin Jang

Vacation Leave Holiday Leave

•Are you feeling tired?Are you feeling tired?

•How many weeks are left?How many weeks are left?

•You need to take a You need to take a VACATION!!!!VACATION!!!!

Vacation Paid Time OffVacation Paid Time Off

• Voluntary benefit given by Voluntary benefit given by organizationsorganizations

• Benefit for eligible employeesBenefit for eligible employees

• Encouragement to take vacationEncouragement to take vacation

• Vacation hours accrueVacation hours accrue

• Employers calculate time givenEmployers calculate time given

Average number of vacation days in the U.S.

12 3 4

5 6 7 8 910 11 12

13 1415

<1

15+

0

5

10

15

20

25

Years of service

Average days per year

Vacation Paid Time OffVacation Paid Time Off

• Vacation days actually usedVacation days actually used– U.S. vs. other countriesU.S. vs. other countries

• Unused vacation daysUnused vacation days

• Cashing out vacation daysCashing out vacation days

• Part-time workersPart-time workers

Paid Holiday TimePaid Holiday Time• Public HolidaysPublic Holidays

– Ten Federal holidaysTen Federal holidays– Not recognized by all employersNot recognized by all employers– Average of 9.3 days paid per yearAverage of 9.3 days paid per year

Time off with pay

0%20%40%60%80%

100%120%

Paid Holiday TimePaid Holiday Time

• Employers are not required by Employers are not required by lawlaw

• Holiday pay compensationHoliday pay compensation

• State HolidaysState Holidays– In addition to Federal HolidaysIn addition to Federal Holidays

• ReligiousReligious HolidaysHolidays– Employees can’t be denied the time Employees can’t be denied the time

off.off.

Miguel GarciaMiguel Garcia

Jury Duty Maternity Leave

Jury DutyJury Duty

• State of California RegulationsState of California Regulations– employer must allow you time off employer must allow you time off – educational institution must allow you time offeducational institution must allow you time off

• Federal regulationsFederal regulations– Must give time off to serve on a jury. Must give time off to serve on a jury. – Cannot discipline employeesCannot discipline employees

• Federal law and most state laws allow employers Federal law and most state laws allow employers to not pay for time off to serve.to not pay for time off to serve.

– Fair Labor Standards Act must be paid for the Fair Labor Standards Act must be paid for the whole weekwhole week

– Employees do not have to be paidEmployees do not have to be paid

• StatisticsStatistics– 70% of all employees have access to 70% of all employees have access to

paid jury duty leave. paid jury duty leave. – 87 % of employers offer paid leave for 87 % of employers offer paid leave for

jury duty service.jury duty service.

• Controversial IssueControversial Issue– In July 2000 jurors began receiving $15 In July 2000 jurors began receiving $15

per day for jury service.per day for jury service.

Jury Duty Continued

Maternity LeaveMaternity Leave

• State RegulationsState Regulations– California Family Rights ActCalifornia Family Rights Act– 12 weeks in 12 months12 weeks in 12 months– Paid Family Leave (PFL) program Paid Family Leave (PFL) program

• Federal RegulationsFederal Regulations– Family and Medical Leave ActFamily and Medical Leave Act– 12 weeks in 12 months12 weeks in 12 months

Maternity LeaveMaternity Leave• State RegulationsState Regulations

– Family Medical leave Act (FMLA)Family Medical leave Act (FMLA)– California Family Rights ActCalifornia Family Rights Act– Who can take maternity leave?Who can take maternity leave?

• Twelve (12) months of state service andTwelve (12) months of state service and

• Worked at least 1,250 hours (actual time worked) Worked at least 1,250 hours (actual time worked) during the prior twelve months during the prior twelve months

– What is a qualifying event for FMLA/CFRAWhat is a qualifying event for FMLA/CFRA• birth of an employee's newbornbirth of an employee's newborn

• Care for a newly adopted or placed foster care child Care for a newly adopted or placed foster care child

Maternity Leave Maternity Leave ContinuedContinued•Care for an employee's child, spouse, Care for an employee's child, spouse,

domestic partner with serious health domestic partner with serious health condition. condition.

•Employee's recovery from a serious health Employee's recovery from a serious health condition that makes him/her unable to work condition that makes him/her unable to work

– Federal RegulationsFederal Regulations

•Family and Medical Leave ActFamily and Medical Leave Act

•Who can take maternity leave?Who can take maternity leave?– Any employee that has worked for at least Any employee that has worked for at least

12 months by the employer with respect to 12 months by the employer with respect to whom leave is requested under section 102whom leave is requested under section 102

– Any employee that has worked for at least Any employee that has worked for at least 1,250 hours of service with such employer 1,250 hours of service with such employer during the previous 12-month period during the previous 12-month period

Maternity Leave Maternity Leave ContinuedContinued

• ExclusionsExclusions– any employee of an employer who is employed any employee of an employer who is employed

at a worksite at which such employer employs at a worksite at which such employer employs less than 50 employees if the total number of less than 50 employees if the total number of employees employed by that employer within employees employed by that employer within 75 miles of that worksite is less than 50. 75 miles of that worksite is less than 50.

Eric RabbonEric Rabbon

Sick Leave Break Time

Sick LeaveSick Leave

• State RegulationsState Regulations

• There are no state There are no state laws that mandate laws that mandate sick leave pay.sick leave pay.

• Sick leave pay is Sick leave pay is strictly voluntary for strictly voluntary for employees; typically employees; typically offered to attractoffered to attract

Sick LeaveSick Leave

Federal RegulationsFederal Regulations

• Family Medical Leave Act of 1993Family Medical Leave Act of 1993– Entitled to 12 weeks of unpaid leave Entitled to 12 weeks of unpaid leave

without losing your job.without losing your job.– Unpaid leave to care for serious Unpaid leave to care for serious

presonal illness, care for a newborn or presonal illness, care for a newborn or newly adopted child or to care for a newly adopted child or to care for a seriously ill parent, spouse or child.seriously ill parent, spouse or child.

Sick LeaveSick Leave

• States might have similar laws that States might have similar laws that changes the Federal Actchanges the Federal Act

• California's Senate Bill 1661California's Senate Bill 1661– Paid leave available July 1, 2004Paid leave available July 1, 2004– employees may receive up to six weeks of employees may receive up to six weeks of

paid leave during any 12 month period.paid leave during any 12 month period.– Paid leave will be financed by increased Paid leave will be financed by increased

payments into the SDI Fund which began payments into the SDI Fund which began on January 1, 2004. on January 1, 2004.

Sick LeaveSick Leave

Requirements for FMLARequirements for FMLA

• Worked for employer for at least 12 Worked for employer for at least 12 monthsmonths

• Worked at least 1250 hours over the Worked at least 1250 hours over the past 12 monthspast 12 months

• Worked at a location w/ at least 50 or Worked at a location w/ at least 50 or more employees within 75 milesmore employees within 75 miles

Sick LeaveSick Leave

DisadvantagesDisadvantages

• Accelerated health Accelerated health problemsproblems

• Spread of illnessSpread of illness

• Lower productivity Lower productivity and moraleand morale

Break TimeBreak Time

• There are no Federal regulations that There are no Federal regulations that permit rest breaks.permit rest breaks.

• State laws usually mandate when State laws usually mandate when employers must give you breaks or employers must give you breaks or rest periods; usually 5-20 minutesrest periods; usually 5-20 minutes– Breaks periods in California: Employees Breaks periods in California: Employees

get a 10 minute break for every four get a 10 minute break for every four hours workedhours worked

Break TimeBreak Time

BenefitsBenefits

• Prevents wearinessPrevents weariness

• Prevents Occupational Overuse Prevents Occupational Overuse Syndrome or repetitive strain injuriesSyndrome or repetitive strain injuries

• Increase productivity and efficiency Increase productivity and efficiency in the work placein the work place

Alisha TomitaAlisha Tomita

Consolidated Paid Time off or Paid Time Consolidated Paid Time off or Paid Time Off BanksOff Banks

Consolidated Paid Time Off Consolidated Paid Time Off or or

Paid Time Off BankPaid Time Off Bank

– New innovative benefitNew innovative benefit– Not Required by any State or Federal lawsNot Required by any State or Federal laws– Flexibility and greater control over Flexibility and greater control over

managing paid time offmanaging paid time off– Lumps sick leave, vacation days, floating Lumps sick leave, vacation days, floating

and personal holidays altogether in one and personal holidays altogether in one bank to be taken when given or accruedbank to be taken when given or accrued

– In case of termination balance of paid time off days In case of termination balance of paid time off days would need to be paid outwould need to be paid out

Consolidated Paid Time Off Consolidated Paid Time Off or or

Paid Time Off BankPaid Time Off Bank• 28 % of 822 surveyed companies 28 % of 822 surveyed companies

have a PTO bank system. have a PTO bank system.

• 23% of Companies without PTO 23% of Companies without PTO banks indicated they are considering banks indicated they are considering implementing one. implementing one.

Consolidated Paid Time Off Consolidated Paid Time Off or or

Paid Time Off BankPaid Time Off Bank

• helps honest communication helps honest communication between employer and employee as between employer and employee as to how days off are being used to how days off are being used

Group #7Group #7Paid Time OffPaid Time Off

Miguel GarciaMiguel GarciaJustin JangJustin Jang

Eric RabbonEric RabbonAlisha TomitaAlisha Tomita