Legal Question in Employment Law in California

Changing from Exempt to Non-Exempt as Discipline for Partial day absences

I am a single mother of two and have had to take several part time days off to care for them and my 76 year old father. My employer has determined that as a disciplinary action, they were putting me on a non-exempt status (meaning I would not get paid for partial day absences)for 120 day probabtionary period. The other 10 underwriters are the company are exempt and do get paid for partial day absences, we all do the same job. Is this legal?


Asked on 12/01/05, 6:51 pm

3 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Changing from Exempt to Non-Exempt as Discipline for Partial day absences

Your question did not make it clear if you actually affirmatively applied for protected leave, or whether it was approved or rejected. Changing from exempt to non-exempt as a "disciplinary" matter may also raise questions of whether you were legitimately classified as exempt in the first place. If you were not and were working a lot of overtime, it could have wage/hour law implications as well.

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Answered on 12/05/05, 12:51 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Changing from Exempt to Non-Exempt as Discipline for Partial day absences

It sounds like they're discriminating against you because you take family leave. You should talk to an employment lawyer in your area to explore this matter further.

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Answered on 12/02/05, 8:57 pm
Patrick Turner Patrick E. Turner Inc. APLC

Re: Changing from Exempt to Non-Exempt as Discipline for Partial day absences

You don't provide enough information in your question to say for sure, but California does have laws protecting working parents who need to take time off to care for sick children. Additionally, both California and Federal law protect qualified employees who take time off to care for family members, in this case your parent. Sometimes referred to as FMLA, this leave can be taken for partial days, and even intermittantly, if needed.

Because of the many factors involved in your question, you should consult with an employee rights attorney in your local area for a personalized evaluation of your situation.

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Answered on 12/02/05, 10:16 pm


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