Are Employees Required to Use Vacation Time Before Paid Sick Leave?

Understanding one’s rights as an employee is crucial, especially when it comes to navigating policies around vacation time and paid sick leave. Both are important benefits that help workers balance their professional and personal lives. Recent changes to California law have introduced important updates to how paid family leave and vacation time interact. At Minnis & Smallets LLP, we understand how these changes impact employees and are here to guide individuals facing these complex legal regulations.

What Has Changed for California Employees?

Starting January 1, 2025, California employees will no longer be required to use up to two weeks of earned vacation time before they can access state-paid family leave benefits (PFL). This change, brought about by the passing of AB 2123, removes a long-standing requirement that often delayed financial assistance for employees taking leave to care for a family member, bond with a new child or address specific military-related exigencies.

Previously, employers could mandate that employees exhaust up to two weeks of their accrued vacation before receiving state-paid family leave insurance benefits. As a result, workers would need to use vacation days for situations they had no control over, leaving them without personal time off for rest or recreation later in the year.

Immediate Access to Paid Family Leave Benefits

With this amendment, employees can now access paid family leave insurance benefits directly when eligible without first having to deplete their vacation accruals. This allows employees to receive state benefits sooner—streamlining the process during what is often a challenging and stressful time. Paid family leave benefits are designed to provide up to eight weeks of partial income replacement for qualified situations, helping employees maintain financial stability while addressing important family needs.

Why This Amendment Is Significant

For employees, this amendment represents a step forward in strengthening workplace rights and expanding access to essential benefits. By removing the vacation time requirement, California has simplified paid family leave eligibility and made the process more equitable. It addresses a common pain point for employees who find themselves at odds with policies that don’t align with their needs. Instead of depleting personal time to qualify for benefits, workers can now rely on financial support sooner—and save their accumulated vacation for what it’s meant to provide: time for rest and relaxation.

How an Attorney Can Help Employees Seeking Paid Family Leave

At Minnis & Smallets LLP, we understand the frustration and challenges employees face when encountering resistance to their rightful paid family leave in California. Our dedicated employment attorneys are here to provide comprehensive support tailored to each situation. We assist employees by:

• Evaluating their eligibility for paid family leave benefits and ensuring compliance with California laws, including AB 2123. 
• Clarifying one’s legal rights, including protection from retaliation under the California Family Rights Act (CFRA) and federal Family and Medical Leave Act (FMLA). 
• Addressing employer violations, such as wrongful denial of benefits or improper requirements to exhaust vacation leave before accessing paid family leave. 

Contact Minnis & Smallets LLP

Understanding the nuances of employment laws can be overwhelming, particularly as legislative changes unfold. Employees who have questions about their rights under California’s paid leave laws or are experiencing challenges with their employer’s policies can turn to the attorneys at Minnis & Smallets LLP. We guide employees through complex workplace issues to make sure their rights are upheld. Contact us today to schedule a consultation and discuss how we can assist with employment law concerns.