Merced, CA asked in Employment Law and Education Law for California

Q: Can an employer deny you catastrophic leave request because you have comp hours on the books

My employer denied my catastrophic leave request because I exhausted my sick leave on January 8th and had 9.75 hours of comp time on the books but they did not use the comp hours for the days that I was off after January 8th and denied my request because of those hours instead they said I can ask for them to be paid out on the next check but they denied me the opportunity to ask for donation of hours because of those 9.75 hours that should have automatically been tacked on after my sick leave was exhausted. Our contract states can be requested after all leaves exhausted and in the past this was not the case. what if I what if I chosen to get paid instead of comp time then I would have no hours on the book and my leave would have been approved

Related Topics:
1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Paid catastrophic leave is not required under the law. It is a discretionary employer benefit. As such it can be administered as the employer wishes as long as it is not denied or administered in a way that is unlawful, i.e., provided or not because you are a member of a protected class of people.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.