Legal Question in Medical Leave in California
must use vacation pay for family medical leave act
if you miss one day of work,due to a sick spouse
and have a Dr.'s note to excuse your absents,does an employer have the right to make you take a family LOA, and use vaction pay for the absent day? If no, could they over ride any laws due to a union contract that would allow this this to be policy?
1 Answer from Attorneys
Re: use of vacation pay for family leave
Generally, the time an employee takes for family leave, is not compensable by an employer, unless the compensation is provided through some employer benefit. The employer benefit may be, vacation or sick leave, as an example.
If your employment is subject to the terms of a collective bargaining agreement, compensation for time taken as family leave, may be covered in your agreement.
You should contact your union representative to determine whether or not you are entitled to compensation for family leave, under the terms of you agreement.
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