Query: My worker has used up all their trip and sick go away, however now they should take a time without work to take their youngster to juvenile courtroom. It’s at all times one thing with this worker they usually deplete their sick days as quickly as they earn them. We don’t excuse individuals who miss work as a result of they’re in jail, so do we have now to let this worker attend courtroom with their child?
Reply: You may need to excuse this absence or related break day to cope with a toddler’s authorized or disciplinary points, relying on the legal guidelines within the location the place the worker works. For instance, Oregon regulation prohibits employers from discharging or retaliating in opposition to mother and father or guardians who’re summoned to seem in juvenile courtroom in sure circumstances (ORS 419C.306). Hassle in school may end up in protected go away time in California, the place employers should permit mother and father and guardians to attend their youngster’s college disciplinary conferences (Cal Labor Code 230.7).
Many states, and a few municipalities, have job protections that apply in uncommon circumstances that may require employers to supply go away or excuse break day. For instance, Oregon staff have the proper to take break day to serve on an Oregon state board or fee when appointed by the governor (ORS 659A.314), and Washington’s regulation offering for firefighter go away additionally has a provision that protects “civil air patrol members” after they want go away for a wide range of conditions together with “counterdrug missions” (RCW 49.12.460).
Your go away insurance policies ought to cowl the most important protected leaves out there to your staff, however it’s not possible to cowl each single eventuality. Discuss to your Vigilant Regulation Group employment legal professional earlier than denying go away or disciplining staff for taking break day in uncommon circumstances.
