This depends on whether the employee is receiving paid benefits from CA SDI or PFL.
When Employers Cannot Force PTO/Sick Use
- If an employee is receiving State Disability Insurance (SDI) or Paid Family Leave (PFL), you cannot require them to use PTO or sick time simultaneously.
When Employers Can Require PTO/Sick Use
- Week 1 of CA SDI: Since there’s a one-week unpaid waiting period before SDI kicks in, an employer can require PTO or sick time.
- CFRA Unpaid Period: CFRA provides job protection, but the last four weeks are unpaid unless covered by PFL. Employers may require PTO/sick time usage here.
Why Employers Do This
Many employers require PTO use to prevent employees from stockpiling time off and extending their absence, as prolonged leaves can disrupt business operations. However, employees often prefer to save their PTO for emergencies, especially with a new baby at home.
Key Takeaways
- Employers cannot force PTO usage while an employee is receiving CA SDI or PFL.
- Employers can require PTO use during unpaid portions of leave.
- Having a clear PTO policy in your handbook can prevent confusion and disputes.
