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Family Medical Leave and Partial-Day Absences: No Exception to the Rule

Only Full-Day Absences Are Subject to Salary Docking or Use of Sick Leave or Vacation

05/03/2016

Article 28.27(C) of our CBA unambiguously states:  “Employees who have absences of less than a full day shall receive a full day’s salary and shall neither have their salary docked nor be required to use sick leave or vacation for such absences of less than a full day.”  There are no exceptions to this rule.

Nevertheless, some campus administrators believe that they have come up with a loophole:  If the partial-day absence qualifies as Family Medical Leave (FML), so their story goes, pay can be docked or use of sick leave or vacation can be compelled.

No true.  There is no FML exception to the rule in our CBA that “Employees who have absences of less than a full day shall receive a full day’s salary and shall neither have their salary docked nor be required to use sick leave or vacation for such absences of less than a full day.”  (There is such an exception in the CSUEU CBA, which is probably why some campus administrator have improperly read one into our CBA as well.)

Some campus administrators further believe that you can be held to normal productivity expectations while on FML, sick leave, vacation, or other paid or unpaid leave.  Again not true.  If you are on leave or vacation, then productivity expectations must be adjusted accordingly to reflect that.  Conversely, as long as you are being held to normal productivity expectations, management cannot dock your pay or require you to use sick leave, vacation, or other paid or unpaid leave.

If your supervisor requires you to use sick leave or vacation for partial-day FML or holds you to normal productivity expectations while you are on FML, sick leave, vacation, or other paid or unpaid leave, please contact your APC Steward or a member of APC Labor Relations.