Marc A. Mandelman, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in, in “When Switching to Unlimited PTO, Coordinate with FMLA,” by Allen Smith.

Following is an excerpt:

Sloppy administration can complicate administration of the FMLA, paid sick leave and other forms of leave and can potentially be a basis for discrimination claims based on inconsistent application of the policy, cautioned Marc Mandelman, an attorney with Epstein Becker & Green in New York City. …

When changing from an accrued to unlimited vacation policy, in some states, such as California, the existing amount of accrued vacation is treated as a nonforfeitable wage and must be banked for use or paid out before the switch, Mandelman noted.

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