Type of
Leave
Leave
Below is a common ‘leave ladder’ in dental offices. Be certain not to
discriminate between employees, especially employees who have the
essentially the same job function or title.
discriminate between employees, especially employees who have the
essentially the same job function or title.
Paid?
If the employee exceeds the amount of leave time off that he/she is
allowed, that employee would change the number of hours off before
separation for all off. If unpaid, un-counted time off is allowed, it
becomes extremely difficult to
terminate an employee when that employee does not want to work for
extended periods of time. For example, issues that have resulted in
successful legal action by employees against employers with no
definite time off requirements include: an employee that took time off to
be with her mother who had a terminal illness for 7 months and was
terminated, an employee who took extended, unpaid vacations and
was terminated as a result, an employee who broke her leg skiing
(non-work related!), had to be hospitalized and off work for 4 months
and was terminated. All of the above legal cases could have been
easily avoided with a leave ladder and no uncounted for time off
allowances.
allowed, that employee would change the number of hours off before
separation for all off. If unpaid, un-counted time off is allowed, it
becomes extremely difficult to
terminate an employee when that employee does not want to work for
extended periods of time. For example, issues that have resulted in
successful legal action by employees against employers with no
definite time off requirements include: an employee that took time off to
be with her mother who had a terminal illness for 7 months and was
terminated, an employee who took extended, unpaid vacations and
was terminated as a result, an employee who broke her leg skiing
(non-work related!), had to be hospitalized and off work for 4 months
and was terminated. All of the above legal cases could have been
easily avoided with a leave ladder and no uncounted for time off
allowances.
Personal Time
Off
Off
The continual passage of laws requiring mandatory employee time off
is almost mind boggling. The line between mandatory and discretionary
time is increasingly blurred in that discretionary time off often has
mandatory requirements. To be certain as a dentist-employer you are
aware of the newer mandatory time off requirements and ways to
control discretionary time off, review the following:
MANDATORY TIME OFF (applies to employers of all sizes):
Time off for Domestic Violence Court Appearances
Employees must be allowed to take time off to obtain a temporary
restraining order to protect their or their children’s or guardians’ health,
safety and welfare.
Time off for a Child’s Suspension from School
Time off is required if an employee’s child is suspended from school
and that school requests the employee to appear at school in
connection with that suspension.
Time off to serve on Jury Duty
If an employee is called to serve on jury duty, the employee must be
allowed to miss time from work. The employer may request that the
employee be excused, but that is not so easy after the O.J. Simpson
debacle and usually not granted.
Time off to Serve as a Witness
Employees that have been the victim of a crime, or have witnessed a
crime, must be allowed time off to serve as a witness in connection with
that crime.
Time off to Vote
If an employee has insufficient time to vote in a statewide election
during the work day, an employer must allow a maximum of two hours
off to vote.
Time off for Emergency Firefighter
Time off is required if an employee serves as an emergency firefighter
and is called to service.
Etcetera
Don’t forget the many other instances time off is legally required that
are not the topic of this article. Examples include: pregnancy, worker’s
compensation injuries or illnesses, disabilities, kin care. Be certain to
understand the difference between mandatory time off requirements
and discretionary time off. Keep track of the hours separately and
distinctly. Note that all the aforementioned time off is mandatory and
thus may not ‘count’ against any time off the employee
has as a benefit of your office. That is, this mandatory time off may not
count against an employee’s personal time off, vacation time off, sick
time off, or any other PTO (paid time off). This mandatory time off is
legally required, may be paid or unpaid at the discretion of the dentist
employer, and is totally different from other time off the employee may
have.
DISCRETIONARY TIME OFF
As for discretionary time off, dentist-employers should have a written
‘leave ladder’ which concretely defines the amount of leave each
employee is entitled to and in which order employees must use their
leave. For example, many dentists elect to require an employee to use
their personal leave hours first for any unplanned time off, then use their
sick/kin care off, and lastly their vacation
time off.
is almost mind boggling. The line between mandatory and discretionary
time is increasingly blurred in that discretionary time off often has
mandatory requirements. To be certain as a dentist-employer you are
aware of the newer mandatory time off requirements and ways to
control discretionary time off, review the following:
MANDATORY TIME OFF (applies to employers of all sizes):
Time off for Domestic Violence Court Appearances
Employees must be allowed to take time off to obtain a temporary
restraining order to protect their or their children’s or guardians’ health,
safety and welfare.
Time off for a Child’s Suspension from School
Time off is required if an employee’s child is suspended from school
and that school requests the employee to appear at school in
connection with that suspension.
Time off to serve on Jury Duty
If an employee is called to serve on jury duty, the employee must be
allowed to miss time from work. The employer may request that the
employee be excused, but that is not so easy after the O.J. Simpson
debacle and usually not granted.
Time off to Serve as a Witness
Employees that have been the victim of a crime, or have witnessed a
crime, must be allowed time off to serve as a witness in connection with
that crime.
Time off to Vote
If an employee has insufficient time to vote in a statewide election
during the work day, an employer must allow a maximum of two hours
off to vote.
Time off for Emergency Firefighter
Time off is required if an employee serves as an emergency firefighter
and is called to service.
Etcetera
Don’t forget the many other instances time off is legally required that
are not the topic of this article. Examples include: pregnancy, worker’s
compensation injuries or illnesses, disabilities, kin care. Be certain to
understand the difference between mandatory time off requirements
and discretionary time off. Keep track of the hours separately and
distinctly. Note that all the aforementioned time off is mandatory and
thus may not ‘count’ against any time off the employee
has as a benefit of your office. That is, this mandatory time off may not
count against an employee’s personal time off, vacation time off, sick
time off, or any other PTO (paid time off). This mandatory time off is
legally required, may be paid or unpaid at the discretion of the dentist
employer, and is totally different from other time off the employee may
have.
DISCRETIONARY TIME OFF
As for discretionary time off, dentist-employers should have a written
‘leave ladder’ which concretely defines the amount of leave each
employee is entitled to and in which order employees must use their
leave. For example, many dentists elect to require an employee to use
their personal leave hours first for any unplanned time off, then use their
sick/kin care off, and lastly their vacation
time off.
Unpaid
Sick/Kin Care
Time Off
Time Off
Paid
Vacation Time
Off
Off
Paid
Bette Robin, DDS, JD 877 DrRobin
SELECT PRACTICE SERVICES, INC. / DENTAL PRACTICE SALES
SELECT PRACTICE SERVICES, INC. / DENTAL PRACTICE SALES
Many of you express to me very rational thoughts such as: “How am
I my telephone?” “I really need an ‘extra’ employee to hang around
for all the get/stay politically active and aware and support
CALPAC!
© Bette Robin, D.D.S., J.D. 4/01
I my telephone?” “I really need an ‘extra’ employee to hang around
for all the get/stay politically active and aware and support
CALPAC!
© Bette Robin, D.D.S., J.D. 4/01
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DOES ANYONE WORK ANYMORE?
DrRobin@BetteRobin.com
17482 Irvine Blvd., Suite E
Tustin, CA 92780
Tustin, CA 92780
877 DrRobin
714.421.4407
714.398.8808