Legal Question in Employment Law in California
employer using sick pay for maternity leave
I am a teacher. For maternity leave, our district first requires us to use all of our sick days, then go on differential pay for the remainder of the time.I was told that it was in our contract because its the law.
contract says:''Unit members shall be entitled to use sick leave for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom. Irrespective of disability resulting from pregnancy, unit members shall be entitled to six (6) weeks pregnancy leave and eight (8)weeks for a Cesarean section.''
It says ''shall be entitled to use...'' , not forced to use. Why must we use our sick days instead of going on differential from the beginning? Why am I not allowed to take the days without pay and save them? I am sick now, but do not have any sick days, so I can't saty home. I would have liked to have opted not to use the sick days. Was that possible? Also, we are technically paid per diem. We are given 6 calendar weeks off, whether or not they are scheduled work days. If I'm not required to be there and am not being paid for it, how is it counted as leave?
1 Answer from Attorneys
Re: employer using sick pay for maternity leave
Your reading of the contract seems to be correct, however before any definite decision is made a closer look at the contract should be done.
You are also entitled to take FMLA time if you so desire as well. Or you can claim you are disabled under the ADA or Fair Employment and Housing Act and require time off as reasonable accommodation.
Another thing to do is call your union represenative and see what they say about this matter.
Is your employer not allowing you take time off right now? Can you get medical documentation stating you should take time off?
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