Payment Status 

The vacation time/paid time off cannot expire and has to be compensated to the employee. An employer does not have to give all employees equal vacation time/paid time off (VT/PTO) but they should not discriminate against employees due to their race, gender, or other protected statuses. An employer should also not discriminate against an employee because they reiterated that they were entitled to their VT/PTO. They will be liable for discrimination.

Contract Termination 

If the employee’s contract is terminated, they are still entitled to their paid time off and/or vacation time. VT/PTO Is viewed as wages and so is earned as work is performed.

California law recognizes floating holidays and personal days which are not counted in the employee’s VT/PTO if they separate. An employee may receive VT/PTO on public holidays or their birthday depending on company policy. However, they may not demand compensation for it upon termination of their contract.

VT/PTO can be given in advance but cannot be deducted from an employee’s income if for some reason an employee leaves before working for the set number of days. An employer can be required to pay a waiting time penalty for delaying in VT/PTO compensation. Currently, the time penalty varies but is up to an employee’s wages for 30 days of work.

Limits to Earned Vacation Time and Paid Time Off 

I.) An employee has the power to limit the number of hours of vacation time an employee earns over a period of time. There is no definition on what the cap should be only that it should be “reasonable.”

II.) An employee can set a limit to the amount of VT/PTO an employee earns before demanding payment. An employee can be required to receive a certain number of days before earning more VT/PTO.

III.) An employer can base their PTO and Vacation time compensation based on the employee’s status offering full-time employees compensation and part-time employees none.

IV.) An employer can decide when an employee takes their vacation time and can even make special dates when an employee should not take a vacation.

V.) Although PTO/VT is not protected by California’s Rules on Paid Time Off/Vacation Time, employees are entitled to paid sick leave by the Healthy Families Act of 2016.

Frequently Asked Questions 

1.) How Can I receive my VT/PTO if my employer is refusing to compensate me for work done?

You could file a lawsuit against your employer or a complaint with the Labor Commissioner’s Office

2.) My employer refused to give me paid time off over Christmas. Can I demand compensation?

It depends on the contract that you signed upon employment. If it states that you are entitled to PTO over Christmas or other public holidays then you can demand compensation.

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However, due to the various recent movements, many jurisdictions have started accepting same-sex marriages.

Employers

As an employer, you must be wondering whether you have to provide them with the same benefits as received by a heterosexual couple. However, there are still many jurisdictions which are vague in this regard. The decision of the Supreme Court in the US Vs Windsor Case opened the possibility of legalization of gay marriages. However, states have power as well. Not all of them have legalized same-sex marriages. That is why there is so much confusion.

States and Marriage Laws

Another question which arises in the mind is whether the LGBT community will be considered as a protected class. If they are considered as a protected class, then they will be safeguarded against anti-discrimination laws.

Laws which violate the rights of the protected classes often get overturned. However, sexual preference is not usually considered as a determinant for deciding protected class. Recently, a law which declared same-sex marriage illegal was declared as unconstitutional by the federal courts.

But many states have not accepted the decision. So basically, the question is whether they should be considered as similar to heterosexual couples and what an employer should do. The answer is quite simple.

It completely depends on the state where you operate. Some states will require you to provide them with the same benefits. In the case of some states, there is no such compulsion. In instances where you operate in multiple states, you should follow the jurisdiction of that state which offers the maximum protection to LGBT communities.

Big Corporations

You will also find that most of the Fortune 500 companies have also started offering same-sex couples equal rights and benefits. And in case you operate in just one state, then you have to worry about the jurisdiction of that state only.

However, you also have to keep an eye on the various laws which will come related to LGBT community. There is a high chance that laws in the future will require you to offer equal rights to the LGBT community. In case you want to know more about the legal requirements, you can contact a labor attorney and they will be able to help you out in this regard.

The post Are Same-Sex Couples Entitled to Share Employment Benefits? appeared first on UELG.

It is confusing when trying to assess part-time employee benefits in the United States. This is because the state does not offer clear guideline on what benefits part time employees can be offered. Employers have great flexibility when it comes to the type of benefits they will give to their employees.

Before you hire a part time employee, it is very necessary for you to specify the number of hours you will expect the employee to work in a given day. Most employers offer 20 hours of work per week. The United States bureau of statistics and economics describes part time workers as employees who work for a maximum of 34 hours in a week. The federal wage, hour law and fair labor standards does not declare the maximum number of hours a part time employee will work per week.

It does not matter the type of benefit you offer your employees. You may be offering benefits such as workers compensation, social security, insurance, disability insurance among other benefits. You should design your package in such a way you will attract more qualified employees to stick to your company and avoid your competitors who may be after stealing them from your company.

Factors to consider when coming up with employees benefits

Health Insurance

Health insurance can be offered to full time employees as well as part time employees. The way you will structure the benefits will make part time employees stick to your company. There are provisions such as affordable care act which define how the package can be offered to your employees.

Retirement Plans

Under the employee retirement income security act, small business owners are required to include part time employees in a retirement plan such as 401(k). This will depend on the number of hours the employee will work per week. This is just like the case of health insurance.

Unemployment Benefits

The part time employees will be required by law to access part time benefits as per the state which they work in. In order to get all details about the type of benefits you will access, just refer to the state agency.

Overtime Laws

Just like full time employees are paid overtime, the part time employees should be paid basing on the same formula. Any hours beyond 40 hours of work time in a week should be paid at a rate one and half times the usual rates the employees are paid.

Special Benefits

Some of the special benefits offered to part time employee include sick days, paid vacation, personal days, telecommuting option, reimbursement, tickets to sporting events among other benefits. The number of hours an employee work in a week defines the way the benefits will be offered.

Photo Credit: Shutterstock/speedkingz

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