The Explorer Winter 2018 Spring Final | Page 10

LABOR LAW Gary Hermann, HR Advisor, CalChamber Reprinted with permission from CalChamber Does an employer have to pay employees for unused paid time off? It depends upon what kind of paid time off it is. Employers may have policies of paying for time employees use as vacation or paid time off not tied to any particular event or to cover absences due to illness. NO VACATION PAY FORFEITURE SICK LEAVE Forfeiture of vacation pay is prohibited because the vacation pay is given without condition. That prohibition also covers paid time off not tied to a particular event like a birthday or anniversary date. Although vacation or paid time off are not required by law, if an employer establishes a vacation or paid UNDERUTILIZED BENEFITS time off policy, there are some mandates. California Labor Code Section 227.3 provides that at the time of termination, an employee shall be paid all vested vacation pay at the employee’s final rate of pay. In the case of Suastez v. Plastic DressUp Company, the California Supreme Court determined that vested means that vacation is earned on an accrued basis. Once so earned, vacation cannot be lost. Sick leave is different, however. California’s mandatory sick leave law specifically provides that an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement or other separation from employment. 䡲 By Hanah Morinaga, Membership and Programs Manager The question LADS gets asked the most is “What services do you offer that makes it worthwhile for me to renew?” After being with LADS for four years, I sometimes take it for granted that you don’t see the benefits of organized dentistry every day the way I do. It’s in every phone call I answer, every email I respond to, and every conversation I have with CDA and ADA staff. Whereas, you are mired in patient care and might, at best, use three or four of your member benefits a year. There are a lot of services that the tripartite offers that are completely underutilized. Among 40 plus benefits included with your membership, I think there are some that stretch above and beyond traditional member benefits. Do you know about the cost-saving TDSC Marketplace? Have you ever used the Peer Review System? If you’re a dental student or new dentist, were you aware that LADS provides resume assistance? Can you believe we even do event/on-site child care for busy parents with young children? We aren’t just another CE provider. We, as staff, will take responsibility for not making each and every benefit more known to the members. We know you get bombarded with information overload daily. So we want to make it as easy as possible for you to get you what you need. If you are at all unsure of whether your question, concern or problem can be solved by organized dentistry, stop guessing or referencing your membership benefits. Just ask! With nearly half a dozen ways to communicate with us, all you need to do is pick one and say, “Do you help with (fill in the blank)?” Following is every possible way to get in touch with LADS. We’re all ears. There’s an array of services waiting to be used and the only thing keeping you from using them is the method of contact, so don’t miss out. Call/Text: (213) 380.7669 | Fax: (213) 380.7672 | Email: [email protected] | Facebook, Twitter, Instagram: @ladentalsociety 䡲 Los Angeles Dental Society Explorer