Legal Question in Medical Leave in California

Sick Leave

I am a teacher and I am on FMLA for extended maternity leave. I had 13 days of sick leave so the district used those during maternity leave. We receive 10 days of sick a year at the beginning and it is posted on our check, but apparently we must accrue them. I used all 13 days and now they are saying I owe them 3 days pay because those sick days weren't actually accrued yet because I am extending my time off through FMLA. Can they take those sick days from me while on FMLA and require me to pay them back?

Thanks


Asked on 4/28/04, 12:42 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Sick Leave

It is difficult to answer your question without knowing how the sick pay policy actually works. However, as a general rule, an employer is only obligated to pay for an employee's time off, under the FMLA, with accrued sick or vacation time. Clearly, the accrued time must be earned.

The policy must be reviewed. Also, you will need to know how the policy is actually applied. If the District routinely "advances" sick pay to others but are refusing to do it for you, they may be discriminating against you.

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Answered on 4/29/04, 11:52 am


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