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  1. #1
    Join Date
    Jul 2008
    Posts
    6

    Default Paid Time Off

    My question involves labor and employment law for the state of: California

    I have 25 days of unused paid vacation in my "paid time off balance" as of today. I need 20 of those days in a row to go home in September for a personal family issue but my employer is refusing to grant me this urgently needed vacation. Do I have any rights to obtain 20 days in a row without having to resign? They are willing to give only 10-15 days that too not during September.

    I understand that employer can choose not to allow vacation at a particular time but still any help in my situation will be appreciated

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Paid Time Off

    Your employer can decide when any vacation time offered & earned can be used & how much at one time. Employers don't even have to offer vacation unless there is a binding employment contract that guarantees it.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Paid Time Off

    Do I have any rights to obtain 20 days in a row without having to resign?

    Unless the family situation is one that would qualify for FMLA, no.

  4. #4
    Join Date
    Jul 2008
    Posts
    6

    Default Re: Paid Time Off

    Thank you very much Betty & CBG.............I highly appreciate your reply....

    I have one question on your reply: I just read about FLMA on Dept. of Labor website which says, employee is entitled for an unpaid 12 workweeks leave during any 12-month period for 4 reasons and out of which one applies to me: to care for an immediate family member (spouse, child, or parent) with a serious health condition

    My father has serious health condition but he is in my home country. What is the definition of 'serious health condition'? What kind of documentation I would need to show my employer?

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Paid Time Off

    What is the definition of 'serious health condition'?
    Cancer, organ transplant, advanced course of MS, stroke, organ failure, rapidly advancing Parkinson's disease, Alzheimer's...the list could actually go for miles.

    You'd need certification from your father's doctor.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Paid Time Off

    Yes or no. Is the personal family situation for which you want the 20 days leave related to your father's health, or the health of any other family member that is covered by FMLA?

  7. #7
    Join Date
    Jul 2008
    Posts
    6

    Default Re: Paid Time Off

    LawResearcherMissy - Thank you for your input. One question again - Does my father's doctor need to mention that I (son) need to be present to help him for visits to doctor, medication and other things? or the certification just needs to mention my 'father's health condition'? Can you elaborate please?

    CBG - Once again, thank you very much. Please answer few more questions, it will make a lot of difference to me. Yes, I would like to go to my home country to see my father who recently had a major heart surgery. I want to spend at least 4 weeks with him. I read the FMLA document. This law covers parents too. It does say 'eligible employee' can get this leave since I am with this company full-time since 2 years but this company does not have 50 employees in California. The law says company must employ 50 within 75 miles. But my company does have about 1450 employees all over the world.

    I found a document on DOL site: Fact Sheet #28: The Family and Medical Leave Act of 1993 (you can google it)

    Here is a portion of text of the law - 4th requirement is tricky:

    EMPLOYEE ELIGIBILITY
    To the eligible for FMLA benefits, an employee must

    1. work for a covered employer;
    2. have worked for the employer for a total of 12 months*;
    3. have worked at least 1,250 hours over the previous 12 months*; and work at a location in the United States or in any territory or possession of the US where at least 50 employees are employed within 75 miles

    Please comment

  8. #8
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Paid Time Off

    For the federal FMLA, you (employee) must *work* at a location with 50 or more employees within a 75-mile radius.

    Ca. has it's own family leave act (CFRA - Ca. Fam. Rights Act) but these are the requirements: To be eligible for CFRA leave, an *employee* must be either a full-time or part-time employee working in California, have more than 12 months (52 weeks) of service with the employer, have worked at least 1,250 hours in the 12-month period before the date the leave begins, and *work* at a location in which the employer has at least 50 employees within 75 miles radius of the employee's work site.

    It seems neither act will apply to you since you (employee) have to *work* at a location with 50 or more employees within a 75 mile radius.

  9. #9
    Join Date
    Jul 2008
    Posts
    6

    Default Re: Paid Time Off

    Betty - Thank you very much. It is unfortunate that law requires the employee to be employed at an office with 50 or more people. Our California office has only 32 employees but a total of 51 employees (including employees in East Coast) whose payroll is run from our California office (US headquarters)

    So there is still no way this law can apply in my case?

  10. #10
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Paid Time Off

    I wish I could tell you there was but I'm afraid not. There has to be 50 or more employees within a 75-mile radius of your work site.

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