Q: In california, can an employer count your days off against you when calculating your daily quota of work?
I work in CA doing some sort of customer support. We have daily goals calculated as a monthly average we are expected to hit. So basically I am expected to do X number or cases per day. They then take my total for the month, and divide it the number of working days that month. The issue here is if I use my time off, either vacation or sick time, I am still responsible for that X number of cases. It seems to me that I am not getting my time off, which is part of my contract, if I am still responsible for the work I would have done that day.
A: There is nothing unlawful about your employer setting unreasonable or unattainable goals for you. However, this approach may violate the California Healthy Workplace Families Act, California's paid sick leave law, if it is determined to be a form of retaliation for taking protected medical leave under that act. The same is true if you take protected medical leave under the FMLA/CFRA or the ADA/FEHA. As to your vacation time impacting your quota, there is no legal argument there. Unfair? Yes. Unlawful? No.
Good luck to you.
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