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SlumberKitty
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Default Dec 31, 2019 at 03:09 PM
  #1
I work in CA. The owners and some of the corporate officers are in NY. My main job is accounting but I do HR on the side. I have a BS in organizational management and Human Resource Management and I have an MBA. Today is the last day of 2019. I'm trying to get corporate to approve leave schedules for 2020. Corporate wants to do some funky thing with sick leave. CA has very strict laws about sick leave and what you can do and what you can't do.


I've sent numerous emails with the laws quoted to corporate and explained how we can handle sick pay in CA. They still came up with some wacky way. I was pretty sure this wasn't legal but I called the DLSE and double checked and sure enough it isn't. I was trying to tell the CFO/Controller but she got annoyed with me and told me we would have to discuss it at another time because she is busy. There is no other time. The first paycheck for 2020 gets submitted on Thursday. We are closed on Wednesday this week for New Years.

So I Skyped and then emailed one of the owners. I attached documents showing how we can legally provide sick leave in CA. I explained that if we do what is being instructed to me, and an employee were to file a claim with the DLSE we would lose the claim and we would have to pay a wage claim and those get expensive fast. We are a small business. We can't afford something like that to happen.


I apologized to the CFO/Controller for annoying her. I asked the owner to get back to me on what we are going to do because I have to submit payroll on Thursday. I'm stressed out. I'm frustrated. I don't feel valued. I don't feel listened to. It won't be my fault if we don't do things properly and we get a wage claim, but I could lose my job because we might not be able to withstand the financial consequences of such a thing.


I'm so anxious about it. I'm trying to do deep breathing. I'm trying to relax and calm down. I'm trying to not get worked up and upset. Its not working.

The owners and most of the corporate people are new to CA so they don't know CA laws. That's fine. I'm here to help. But I'm sick to my stomach over this. I don't know if I will get an answer by Thursday. I hate that I feel like I had to go over the CFO's head. I like her and I want her to like me. I'm just trying to protect the company and do things lawfully in CA. I feel like I'm swimming up current and running out of steam.


I want to cry. I want to SH. I want to throw up. I'm so frustrated and sick over this. I've been trying to get them to pin down what we were going to do for a couple of weeks now. And now it is the 11th hour and the last instructions I have are illegal. Sigh. I'm just overwhelmed and frustrated. I hate myself right now.

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Default Dec 31, 2019 at 03:30 PM
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@SlumberKitty, i would think that they would be able to file changes, even if they are processing stuff on thursday. As bosses like to say, "nothing is carved in stone."
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Default Dec 31, 2019 at 03:38 PM
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Hi Unaluna, thanks for your reply. Well, the employer can also get in trouble if the pay stub does not match what is correct. They pay stub has to list things like sick time, vacation time, personal time, deductions, etc. Those violations can add up to $4000.00 on top of any other penalties assessed. It's important to get it right the first time. Unfortunately CA law on sick leave is pretty much carved in stone. Employers have a couple of different options on which way to handle it but they can't go and do something weird that is prohibited.

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Default Dec 31, 2019 at 05:51 PM
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Im hearing you. Im just saying, isnt there a payroll adjustment run for tax purposes before the end of january? I remember running something like that, it had to look like a regular payroll run in SOME ways in terms of adjusting buckets, but it really wasnt in other ways of triggering other things to run.
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Default Dec 31, 2019 at 06:14 PM
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Hmmm. I've never had to do that personally. I know we make adjustments to the books at year end on stuff like vacation accruals and things like that. But we do always use a CPA come tax time, so maybe he has done something like that. Thanks for hearing me. You're a lovely person. HUGS Kit

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Default Jan 02, 2020 at 04:50 AM
  #6
Based on the information available to you, you absolutely did the right thing going over her head. I sorta helped run a smallish but still publicly traded (NASDAQ) company based in Burlingame for a number of years. Lived up here--well, actually, sorta lived on the airplane--but still worked in the Bay Area all the damn time. CA employment law is super strict. You have a responsibility to try to not waste corporate funds. even if you could clean this up at end-of-year, why not do it right the first time? You are a great employee. I used to love it when employees came to me with this sort of thing.

We had an old saying when I was still seeing patients for a living, before the laser company and everything. The saying was: Poor planning on your part does not necessarily constitute an emergency on mine.

You should get your CFO a tee shirt with that on it. You could put a cute kitty cat underneath it...

Okay, well, maybe get the shirt for you.

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Default Jan 02, 2020 at 02:58 PM
  #7
Lol!!! Thanks @bpcyclist and thanks unaluna....
Update: After emailing and skyping with the owner, and sending her lots of documentation from the ca.gov website and my interactions with the DLSE, they decided to go a different route and front load the sick pay (thank goodness!!!) It's really the most simple way to do this and it is perfectly legal!!! So I don't have to fret about that anymore! Unfortunately I was so stressed, I had to take it out on myself and I ended up SH-ing quite a bit. Oh well. Sigh.

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