
Quoting
adjusterjack
That would certainly "unduly interfere with the operation of the Authority."
Our employer has no problem paying overtime if the employee uses paid time off other than vacation. It can't possibly 'interfere with the operation' if it's OK that he uses a personal day but not a vacation day. It costs our employer the same amount of money and requires the same amount of effort to find a replacement.
I don't get it. What's the difference between one paid vacation day and one paid time off day?
The reason is because vacation days have to be requested but (three) PTO days essentially can't be denied by the employer. It was part of the bargained agreement when we accepted their offer to eliminate sick days. Initially, they wanted to require that all paid time off be requested with a notice but we convinced them that employees can't always schedule when they will get the flu, or food poisoning, or a migraine. If they could, they probably would never schedule an illness (or maybe that's just me). Anyway, our employer wants the employees to use up their 'unscheduled' days first so that they can deny leave if they see fit. I get that employers want to have complete control of employees' schedules but if my child wakes me up at 3:00am to tell me that he can't breathe, I'm going to take him to the hospital and miss a day's work, no matter what my employer thinks (again, maybe that's just me).
I'm still not seeing it. You're still getting the day off. You just have to plan ahead a bit for vacation days later in the year. But you mean to tell me that come November you can't get one vacation day by asking for it the day before?
Not necessarily. If you live in world where employers have a concern about their employees, that is awesome! I don't live in that world. I don't have enough time to tell you all of the petty, vindictive things that I have seen supervisors do to subordinates that they dislike/don't respect. If you've ever worked in a governmental workplace, you know how incestuous the hiring practices are. And when you have family working together (especially when one is a supervisor and one is a subordinate), all of the inter-family dynamics play out in the work place as well as the home life. It can be exhausting dealing with it. If you want to see pettiness, just come to my work place.
If it's not defined in your CBA I doubt that you'll find it in a statute or case law but other responders may have a different view.
It is not defined and I'm sure that can be interpreted pretty broadly. I was hoping that a similar case may have been adjudicated and I could get some guidance from a previous ruling. I do realize that it's a shot in the dark but I thought that it was worth that shot.
That has nothing to do with this.
I do realize that. I put that in there so that anyone who wanted to respond would not cite it and would know that I already was aware of the ADA. While searching through the internet sphere, that particular reference was really the only thing that I could find. I figured that anyone else who would Google "interfere with the operation' would get the same results.
Probably not. But you wrote that you are an officer in the union. Does your union have an attorney or access to an attorney? That would be the person to talk to.