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Who says I can’t use my leave when I’m sick?

Who says I can’t use my leave when I’m sick?. What Stewards need to know to protect the rights of members who have problems because of using sick leave. Authority. Sick leave is accrued and used according to the contract Vacation is accrued and used according to your contract

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Who says I can’t use my leave when I’m sick?

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  1. Who says I can’t use my leave when I’m sick? What Stewards need to know to protect the rights of members who have problems because of using sick leave.

  2. Authority • Sick leave is accrued and used according to the contract • Vacation is accrued and used according to your contract • State law grants additional rights and prohibits penalizing employees for using sick leave for family • State and Federal law prohibits penalizing employees for using sick leave for serious medical conditions (FMLA and CFRA)

  3. What issues can your employer legitimately raise? • Abuse of sick leave • Example: Using sick leave when you are not sick • Abuse of sick is NOT using sick leave when you are sick • Excessive sick leave • Example: All day absence for a short medical appointment • Excessive leave can NOT included leave protected by Worker’s Comp, ADA, FMLA/CFRA or PDL. • If your sick leave use interfers with your ability to do your work and is not covered as protected leave, your employer may be able to take action against you.

  4. They can’t count “protected leave.” What else doesn’t count? • Vacation time/CTO • Care for family members even if for minor illnesses (Labor code 233) • Jury duty • Time off for victim of Domestic Violence • Time off for victim of sexual assault • Time off for attending child’s school functions

  5. What does the employer say about controlled leave to supervisors? • “There is NO policy on controlled leave. “ • “Each case must be evaluated independently.” • “Don’t use any arbitrary standard to determine sick leave abuse” • “Look at sick leave use/abuse on a case-by-case basis” • “Apply controlled leave consistently for like circumstances.” • Protected leave should not be used in any calculation of excessive or abusive sick leave

  6. What to do when a member is contacted about their ‘leave usage?” • PREPARE FOR THE MEETING • Go over the employee’s leave usage • Determine a reason for each usage • Copies of time sheets, including corrected ones • Review personnel file and desk file • Ask about chronic health conditions or other protected reasons for using leave • Copies of any doctor’s notes or verification of need for leave usage

  7. Meeting with the Supervisor • Ask what their concerns are • Ask what data they are using • Make any corrections to their data • Ask for the policy or formula being applied • Ask what restrictions they are placing on the employees leave use and why • Inform them of any errors

  8. Things to Check • Is there real evidence of abuse or misuse? • Was any protected leave used in the calculations? • Was there an arbitrary standard (# of days, averages etc)? • Are the restrictions reasonable? • Do they illegally require a diagnosis or medical release of records? • Must see doctor on first day of illness? • Must have a doctor’s note before returning to work?

  9. If any of those violations occur • FILE A GRIEVANCE • CALL THE BUSINESS AGENT • CHECK THE WEBSITE FOR KNOW YOUR RIGHTS www.upe1.org

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