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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Can i use sick hours leave?

Customer Question

Hi My Name Is Richard. Can i use sick hours for stress leave? I am currently working 2 jobs, 1 is full time the other is part time. Can i take a stress leave from my full time job and not my part time job
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.
Hello and welcome, Richard.
My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Do you know whether you are eligible for FMLA leave? What is the full-time employer's policy regarding the use of sick time? You do work in California? What type of work do you perform in the two jobs?
I look forward to assisting you as soon as I have received this information. Thank you.
Customer: replied 1 year ago.
I found out my job is eligible for fmla. I have to find out if I can use sick hours for fmla. My first job (full time)is Goodwill of southern California (competitive thrift store) and second job is an ice cream parlor. I would like to take a stress leave from my full time but not my part time. will this hinder me in receiving my stress leave pay?
Expert:  Tina replied 1 year ago.
Hello again and thank you for sharing this additional information.
Whether continuing to work at your second job will interfere with your employer paying sick pay will typically depend on your employer's policy for granting sick pay. State law does not currently require employers to provide sick pay, but once they have such a benefit in place, they must typically abide by their stated policy concerning sick pay.
Taking FMLA leave will provide you with job protection typically, so you should request that since you are eligible for it.
If you apply for state disability benefits (SDI), continuing to work at your second job could very well interfere with your eligibility for benefits since continuing to work would tend to show that you are not disabled.
I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!
Tina
Customer: replied 1 year ago.
So if my employer grants sick pay, they will have to pay for stress leave? Even though I still work at my second job? Fmla does fall under fmla, right?
Expert:  Tina replied 1 year ago.
Hello again Richard.
If they grant your sick pay, that will typically guarantee payment to you for the approved period, even though you do work at a second job. You should disclose the second job though if their policy requires that.
With regard to FMLA leave, they must typically approve it if you meet the eligibility criteria, including having a serious health condition. Once approved, the FMLA and similar state statute would protect you from being terminated for requesting leave and require the employer to return you to your regular position or an equivalent one provided you do not exceed the 12 weeks of leave time. The employer can require medical certification of your serious health condition to substantial the leave.
Here is a link which provides more information about FMLA leave in CA:
http://www.calchamber.com/california-employment-law/pages/fmla-cfra-overview.aspx
I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!
Tina

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