Sick leave verses pto
My wife works at a public school (ESL teacher) in California for 20 + years. The state has recently taken away her hours so that she does not
receive any benefits. Over the 20+ years of service she has accumulated VERY HUGH amounts of PTO. They are now FORCING her to use her pto. It is presently assumed that the school district is forcing her out of a job after 20 years of service. They have hired another person to do the other half of her job. Now two people are doing the same job (3 hours each) and of course it is the children are suffering as the education board ONLY cares about the monies of providing benefits. Education has become secondary! This is exactly why California is rated at the very bottom of the education statistics. They are insisting that she use her PTO but this large amount of time off would effect the training of the children. They have threatened to not pay her , her PTO and Sick time. All this in my mind sounds illegal………..was wondering your thoughts.
I’m so sorry to hear this happening. I wish I could offer a solution, but as a writer for small businesses HR, I’m really not up to speed on how educational institutions (which may have contracts) manage their PTO and sick time as each entity is different. California requires paid time off as part of state law, but there are often exceptions in the law for educational institutions. In addition, contracts tend to be more generous than the state law minimum requirements. Here is information on paid time off/sick leave for California (https://fitsmallbusiness.com/california-paid-sick-leave-law/)
If your wife has questions, there should be an HR department she can talk with. If after that she feels that labor law is being violated, or that she’s being discriminated against, she can report a complaint here (https://www.dir.ca.gov/wpnodb.html) or hire an attorney to look into details.
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