I work for an airline in Minnesota and have been told that a certain state law does not apply. The Minnesota State Law in question is the one that states that you are allowed to use your accrued sick leave to care for your sick child. My company says that they are governed by the Employee Retirement Income security Act and that this preempts state law. The company has been using this act to deny sickl leave and disciplines for such useage. Any insight?

Thanks.

I did want to point out some clarifying points for you. If you are referring to a one-day sick absence to care for your child, then I suspect that the current company rules in place will apply. If you are referring to an extended absence that potentionally qualifies under FMLA, then caring for you sick child would be a covered absence.

Care to offer additional information?

Are they saying the sick pay plan is a "retirement" plan governed by ERISA? That would be stretching it, to say the least.

If you work for an airline, are you covered under a union contract?

While federal law usually preempts state law, that is not the case when the state law is more beneficial for the employee.

Even for a one day absence not covered by FMLA, an employee in Minnesota may use available sick leave for the employee OR for the employee's child.

http://www.doli.state.mn.us/fmla.html

I think Pattymd is on the right track by saying it's a stretch that the sick leave is governed by ERISA. The instances that have occured are single day only and not covered by FMLA. The union contract also does not cover this area.

Thanks