Does a Leave Alter Date for an Annual Pay Raise?

Q: Several women in our office are pregnant and have requested personal disability leave for the entire 12 weeks.

While observing the law associated with pregnancies and that the women are entitled to all the benefits--promotion, seniority, same or comparable jobs upon return, etc.--nowhere can we find anything definitive on those employees who may be eligible for an annual raise while on leave.

Is an employer entitled to move the date for a raise to a date after an employee returns from leave, or must the anniversary date of hire be adhered to? Because vacation time, sick time, etc., does not accrue while on personal disability leave, wouldn’t this also apply to raises since it is the employer’s prerogative to grant vacations, holidays and the like?

Can you give me the area in the labor code that covers this question?

--P.I., Laguna Hills

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A: Under California law, an employee is entitled to accrue seniority during personal disability leave to the same extent and under the same conditions as employees granted leaves for reasons other than pregnancy. Furthermore, an employee returning from this leave will have no less seniority than when the leave began.

While the employee cannot lose seniority during a leave, however, there is no requirement that the employee be allowed to accumulate more seniority during the leave, unless the employer allows similarly situated employees to do so when on leave for other reasons.

Accordingly, the employer can adjust the date for giving a raise, based on seniority, to an employee on leave. However, many employers do not adjust a person’s seniority date under these circumstances.

The relevant regulation is Title 2 of the California Code of Regulations, Division 4, Chapter 2, Subchapter 6A, Section 7291.11.

--Kirk F. Maldonado

Employee benefits attorney

Riordan & McKinzie

Employee Wants Time to Train

Q: I took a sales representative position for a manufacturer. I work out of my home and have only minimum telephone contact with my manager.

My training has been minimal. The company sent me to one trade show and one week of the company’s standard orientation available to all new employees.

The company expects me to set five appointments per day and, of course, sell, sell, sell. Without much training, can they hold me to such strict guidelines? Do they owe me a reasonable amount of time to learn on my own? How should I handle this situation?

--S.T., Manhattan Beach

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A: You should discuss this situation with your manager to clarify what is expected of you and, if necessary, to request additional training or guidance.

However, the company has no obligation to give you any amount of time to learn to perform the job.

--Deborah C. Saxe

Management attorney

Heller Ehrman White & McAuliffe

Must Waitress Cover Firm’s Losses?

Q: I work as a waitress, and one of my customers recently left the restaurant without paying. I had been getting drinks together for another table (as a part of my job, it is required that I occasionally leave the customer area to prepare or pick up food).

The restaurant owner blamed the incident on my “inattention” and demanded that I cover the bill. Some of the servers informed me that my employer’s action was illegal, and advised me not to pay.

I’m not sure what to do, because I haven’t found anything in the California legal code specifically prohibiting my employer’s action. What can I do?

--K.M., Covina

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A: According to the California Labor Code, it is illegal for an employer to require an employee to pay for the employer’s losses, even if they are caused by the employee’s negligence.

You can legally refuse to pay the bill. It also is illegal for the employer to retaliate by demoting or terminating you. I would suggest that you document your refusal to pay in a diplomatic letter to your employer, in case your refusal results in retaliation.

As a practical matter, however, you might want to consider whether your refusal is worth possibly antagonizing your employer.

If it is just a minimal amount and this situation seldom arises, you might consider paying the bill, rather than insisting on your rights.

--Don D. Sessions

Employee rights attorney

Mission Viejo

More on Benefits

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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873; or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.