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

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • 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.

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