Legal Question in Medical Leave in California

disciplined for taking care of sick child

my employer goes by a point system , if you get 3 minus points you are automatically give a paid day off . my son was ill and was running a fever , due to his fever he i was asked not to bring him to day care . my mother is ill with cancer and had her treatment that same day , due to the treatment , she could not watch my son . i called in to my employer and informed him of my situation , i was told i would be given +3 points therefore losing my paid compensation day .i asked if this was not covered by home sick leave and i was told no , that it was not a discipline , because i would not be terminated for , even tho the company does discipline by a points system . i am a little confused by this . is'nt giving me +3 points and losing a comp day discipline.......especially if the accumulation of + points is a cuase for termination .i would greatly appreciate any help or advice in this matter.


Asked on 9/04/03, 1:23 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: disciplined for taking care of sick child

Your question came in under the topic "Family and Medical Leave Act". However, this is not an FMLA leave situation as FMLA applies only to a "serious medical condition". A simple fever for a few days would not usually qualify. Plus, FMLA leave must be formally applied for. I would not say this is "discipline". It sounds like the employer is basing bonuses (in this case, paid days off) on attendance. Unless the employer is violating it's own written policy, I don't think you have much to go with here legally. Probably best to politely appeal within the company and if you get no where, live with it and don't make waves. Protecting your job is more important than a single paid day off.

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Answered on 9/10/03, 3:26 am


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