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CA - ? on time off - Dr. appointments

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  • CA - ? on time off - Dr. appointments

    Hello,
    Hoping someone can help me.
    If an employee is non-exempt and works 4-10 hour shifts. Our employer had all employees working the 4-10's sign a document stating if we work 4-10's then all Dr. appointments should try and be scheduled on our "Extra" day off.
    If one has a child who needs a well-baby check up, and the Dr's. office is unable to schedule an appt on one of our days off, can the employee be punished for asking for time off so they can take their child to the Dr.?
    Is it ok that the employer had the employees state when and how they would use their PTO?:
    Thank you.

  • #2
    It would be stupid for the employer to penalize the employee because they needed to take time off for a well doctor exam, but not illegal. Yes, the employer retains the right to approve or deny leave as they deem necessary. There are a very few exceptions, none of which apply here. Yes, the employer can ask why the employee needs to be off. In fact, there are certain cases where they should ask.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Actually, it could be illegal in California. If the company only offers PTO (rather than separate vacation and sick accruals), then the PTO is covered under California's "kin care" law. Half of the annual accrual must be made available to the employee for taking care of sick immediate family members. Any discipline, prevention of use, etc. violates this law.

      The law does allow a company to apply its regular sick leave policies to control the use of sick time. However, if the policy states to "try" and schedule on the off day, then it would likely be illegal for them to enforce it against the employee once it was established that he/she tried.

      See Section 233 at link below for specifics to see if it applies in your case.

      http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-243

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      • #4
        Doesn't that law only apply to cases of family illness and not well check ups and physicals?
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          The way I read it, it would cover those. However, Megan may disagree.

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