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The process for requesting annual leave is often set out in an award or registered agreement, company policy or contract of employment. An employer can only refuse an employee's request for annual leave if the refusal is reasonable.
Employees have the right to decide when to use their paid sick leave, and employers are prohibited from interfering with this right. An employer must allow the use of paid sick leave even when an employee does not provide details about the need to use sick leave or fails to produce a doctor's note.
In general, employers can require employees to use accrued vacation time if they are taking other leaves of absence, such as leave under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), or Paid Family Leave, having the vacation run concurrently with those leaves.
And the. FAMILY AND MEDICAL LEAVE ACT (FMLA) COMPARISON CHART.
An employer cannot lawfully deny an eligible employee CFRA leave. An eligible employee is one who: Is eligible under the California Family Rights Act leave requirements. Provided the employer with sufficient notice of the leave, when foreseeable (at least 30 days in advance).
According to CFRA regulations, "an employee receiving any form of disability payments is not on "unpaid leave" and, therefore, an employer may not require the employee to use paid time off, sick leave, or accrued vacation." The same principle applies to employees receiving paid family leave through the state.
Under the Hawaii Family Leave Law and rules, an employee may be eligible for up to four (4) weeks of unpaid family leave each calendar year for the birth or adoption of a child, or to care for his / her child, spouse, reciprocal beneficiary, or parent with a serious health condition.
Although the employer is not required to pay an employee while he or she is on approved FMLA or CFRA leave, an employer may require an employee to use any accrued vacation, paid time off, or sick days concurrently with their approved FMLA or CFRA leave.
The Hawaii Family Leave Law (HFLL) has two main provisions. First, employers who provide sick leave or other paid time off to allow up to 10 days to be used for family leave purposes. Next, the law also requires large employers to provide family leave of up to 4 weeks to employees.
Latest COVID-19 Relief Bill Expands Previously Created Voluntary FFCRA Leave and Extends FFCRA Tax Credits Through September 30, 2021.