This is regarding seniority accrual while being on SDI and PFL for the birth of a child.

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This is regarding seniority accrual while being on SDI and PFL for the birth of a child.

If I am on SDI and PFL for the birth of a child, and am also getting supplemental pay by my employer (sick, vacation, and comp time), can my employer adjust my seniority accrual? There was never a time that I was “unpaid” by my employer, even though the pay I was receiving was less than my normal work hours because of being on PFL and SDI.

Asked on June 19, 2009 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, if you are using accrued time, your seniority accrual cannot be adjusted.  It is usually only adjusted when you have unpaid time off. However, if your pay was partially from vacation or sick time but not fully, then yes the time can be adjusted.

Since I don't know exactly how you were paid (will never know until someone looks at the documents -- pay stubs, forms, etc), you should contact the California Dept of Industrial Relations.  Keep in mind, unless you are under contract or union, employment is at will in California though you cannot be fired for discriminatory reasons.

If there are issues, try consulting with an employment labor law attorney in California at www.attorneypages.ocm and check his or her record at www.calbar.ca.gov under attorney search.


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