(See also Rule 11)
Employee failed to establish that the Agency had the responsibility to provide her with accurate leave balances, as part of the Agency’s responsibility to “provide other required information about FMLA leave,” where FMLA does not require an employer to notify an employee that she has or lacks paid leave, and does not create the right to paid leave if none had been earned under the Agency’s benefit policies. In re Anderson, 102-09, 4 (7/20/2010).
The Agency’s benefit policies controls the existence of paid leave, not the FMLA, which only permits an eligible employee to choose to use accrued paid leave, provided by the employer and accrued pursuant to established policies of the employer, concurrently with unpaid FMLA leave, provided the employee complies with any additional requirements in an employer’s paid leave policy. In re Anderson, 102-09, 4 (7/20/2010).
Agency did not violate CSR § 11-154, governing the use of FMLA leave, when it did not inform appellant of her correct leave balances, where neither federal law nor the Career Service Rules require that an employer re-send a designation form every time there is a change in the amount of paid leave. In re Anderson, 102-09, 5 (7/20/2010).
Detrimental reliance on a draft leave history does not render the Agency’s FMLA designation improper under CSR § 11-154, where Appellant unreasonably relied on the draft leave history, which she knew was high and was not final, and she had access to her own leave balances, and she failed to confirm her leave balance prior to taking extended leave. In re Anderson, 102-09, 5 (7/20/2010).
Appellant’s challenge to two hours’ vacation leave to cover shortage on time sheet was dismissed for failure to state a claim over which hearing office has jurisdiction.
In re Schultz, CSA 130-05, 3 (2/27/06).
Appellant’s failure to submit a timely request for FMLA leave to care for her daughter prevents appellant from now claiming absence was entitled to protection under FMLA.
In re Edwards, CSA 21-05, 5 (2/22/06);
In re Garcia, CSA 123-05, 3 (2/27/06).
Appellant’s failure to provide requested supplemental information regarding seriousness of condition, abdominal pain and nausea, and failure to indicate whether request was for intermittent leave, justified agency’s denial of FMLA leave based on incomplete medical certification. In re Edwards, CSA 21-05, 5 (2/22/06).
Request for 90 days of leave without pay was not a reasonable accommodation when appellant analyst’s work was already backlogged, causing significant strain on other analysts and the agency’s obligations to process applications for minority contractors. In re Torres, CSA 97-05, 3 (2/21/06).
Sick leave for Career Service employees is authorized for necessary care and attendance during sickness or death of a member of the employee’s immediate family. In re Espinoza, CSA 30-05, 4 (1/11/06), affirmed CSB 8/23/06.
In applying rigid departmental rule mandating discipline after a certain number of sick days, undersheriff’s assumption that appellant abused sick leave impermissibly violated her right to take accumulated sick leave. In re Espinoza, CSA 30-05, 7 (1/11/06) (decided under former §16-51 A. 5), affirmed CSB 8/23/06.
Departmental rule conflicts with sheriff’s collective bargaining agreement and Career Service Rules, which allow employees unpunished use of sick leave as long as the leave is earned and is used for a proper reason. In re Espinoza, CSA 30-05, 7 (1/11/06) (decided under former §16-51 A. 5), affirmed CSB 8/23/06.
The purpose of sick leave is to allow leave for personal or family incapacity due to illness or death in the family. In re Diaz, CSA 45-05, 5 (Order 9/7/05).
Agency is not required to grant administrative leave when that leave is for the specific purpose of preparing appeal for hearing. In re Herzog, CSA 51-05 (Order 7/5/05).