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Being hired for work and being scheduled consider different? California

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  • Being hired for work and being scheduled consider different? California

    I work for Los Angeles County and my job status is "Daily Recurrent". During the summer months, I have a schedule and during the rest of the year I am hired off of a seniority list. In the past when I was sick or my child was sick, I was able to use a sick day if I got called into work. Sometimes they would ask us to let the know in advance that we were sick that day or sometimes we would have to wait to be "hired". The same is tue for the use of vacation time.

    Now we are being told that we will not be paid Vacation time when called for work. The reason being, we were never really available for work since that day. The same is being said for needing to use a sick time. My supervisor said it came down to not being scheduled to work. Being called for work and having a schedule are different.

    I'm super confused here. Is being called for a shift considered being scheduled for the day?

    Benefit time wise, I earn vacation time and sick-leave time. I am allowed to use up to 96 hours of sick leave for personal reasons.

    Thank you in advance for your help.

  • #2
    You have several unrelated issues here.
    - Governmental employers frequently are treated differently under law then non-governmental employees. I have never bothered to learn all CA specific rules for governmental employers.
    - For vacation only, read the policy. CA is one of the very few states in which for normal employers the exact wording of the vacation policy makes a difference. It is legal to have a policy which has different rules for FT, PT and on-call employees, but in CA the employer must fullow their own vacation policy, especially the "earned" rules.
    - Sick pay is not vacation. CA does not care about sick pay.
    - On call is legal unless a CBA or something else says otherwise.
    - > Is being called for a shift considered being scheduled for the day? This question does not make a lot sense. What if your contect? There is no generic CA rules in which this is meaningful. If we were talking Reporting Time only, then the quesiton would make a little sense, but nothing you said indicates that Reporting Time is your issue.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Thanks for the quick reply, I'll try and explain this a little better:

      > Is being called for a shift considered being scheduled for the day? This question does not make a lot sense. What if your contect? There is no generic CA rules in which this is meaningful. If we were talking Reporting Time only, then the quesiton would make a little sense, but nothing you said indicates that Reporting Time is your issue.

      Let's take today. I am available to work. I would get a phone call offering me a shift at XXX starting at 2pm. I then accept the shift and get work for today. I get paid by the hour for the shift. So if they call today and I am sick, I used to able to say that I am sick and if needs be I'll get a Dr. note. I would be able to use a sick day. Now they are saying that I cannot use sick time because I was never able to go accept the shift because I was sick. I was not able to work.

      I don't know if this is a reporting time issue.

      Comment


      • #4
        There is no federal or state law that people must be offered sick pay. Some local juristictions such as San Francisco have such laws. So there is nothing external to the employment relationship (unless you are in one of very few cities) controlling sick pay. So what are left with is contract law or common law. Say you are in a union and the CBA (union contract) or civil service rules (for governmental employers) might have something to say. Your specific company policies might have something to say, but point in fact, most company policies are not actually legally enforcable contracts. What all of things have in common is that no one on this website has read YOUR company policies or CBA or any other documents specific to your employment relationship. That is your first step. If you can find something useful sounding in one of the documents, then you might want to have a local attorney review it to see if it is legally enforcable. But since there is no externally imposed law or regulations effecting sick pay, we cannot tell you rules that do not exist. (Unless you are in SF).
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Originally posted by DAW View Post
          There is no federal or state law that people must be offered sick pay. Some local juristictions such as San Francisco have such laws. So there is nothing external to the employment relationship (unless you are in one of very few cities) controlling sick pay. So what are left with is contract law or common law. Say you are in a union and the CBA (union contract) or civil service rules (for governmental employers) might have something to say. Your specific company policies might have something to say, but point in fact, most company policies are not actually legally enforcable contracts. What all of things have in common is that no one on this website has read YOUR company policies or CBA or any other documents specific to your employment relationship. That is your first step. If you can find something useful sounding in one of the documents, then you might want to have a local attorney review it to see if it is legally enforcable. But since there is no externally imposed law or regulations effecting sick pay, we cannot tell you rules that do not exist. (Unless you are in SF).
          That makes sense to me. I pulled up a copy of our contract as well as the civil service rules like you suggested. Thanks again for responding.

          Comment

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