HR Insights with Ali: Following the Rules During an Employee's Probationary Period
Posted on 2/7/2018 by Ali Oromchian, Esq.
Required Use of Paid Sick Leave before Unpaid Leave
You are required to take accrued and unused paid leave before taking unpaid leave, or having unpaid absences. Family and Medical Leave (under both state and federal law) is included in this requirement unless you are receiving wage replacement through a disability leave plan.
Employees who are absent because of their own disability may be eligible for State Disability Insurance (SDI) benefits. SDI payments do not begin until after you have been absent from work for 7 calendar days. If you have accrued sick leave, sick leave will be used for the first 7 days before SDI payments begin unless you are receiving wage replacement through another disability leave plan and the absence is covered by federal family and medical leave (FMLA). SDI benefits do not replace all of your usual wages. If the absence is also covered by federal Family/Medical Leave (FMLA), you may choose to supplement your SDI benefits with sick leave. If you are not eligible for FMLA, you must supplement your SDI benefits with accrued sick leave. If you are absent for a reason that qualifies you for Paid Family Leave (PFL) payments, you use sick leave during the first week of absence, if you do not have vacation or other paid time off available.
PFL benefits do not replace all of your usual wages. Your PFL benefits must be/can be supplemented with any accrued and unused sick leave.