FMLA repercussion

[jenniferdduvall]

What is the name of your state (only U.S. law)? California

Hi everybody, I am on FMLA at work due to a high-risk pregnancy. Where I work we do have a union and their answer to what I'm about to tell you is they are trying. Which is their answer to most things, unfortunately.

We work seasonally every year, we are bi-weekly paid and receive 4 sick hours and 4 annual hours. They have a system called the cut-back, meaning that if you accrue 80 hours of leave without pay the 8 hours total you would normally accrue for that pay period is taken away.
Sometimes you are brought back to work the second week of the pay period, if it was a Wednesday you'd automatically accrue 56 hours of cut-back time because of the previous 40 hours on that pay period and Monday and Tuesday.
When I was brought back that was the amount of cut-back hours I received.
Since then I have been put on FMLA and was approved for the full 12 weeks, everytime I miss and do not have sick or annual time to cover my hours, the FMLA time I take goes towards those cut-back hours.
This week I learned that I had accrued 81 hours of cut-back time due hours missed (My Uncle passed away). I work for a Federal Agency and they do not offer 3 days of bereavement time unless you use your sick hours. I thought by law and will be trying to find more research but every other company I have worked for has offered paid time off regardless for a close death in the family.
What actually happened because of hitting the cut back hours I lost the 4 hours of sick and 4 hours of annual for that pay period. This time had already been awarded to me, it was not future time. I was wondering if anyone had any insight to this being a violation. I think by gaining the cutback hours on FMLA time used is a negative repercussion, what do you think?

Thanks ahead of time for all of your insight.

Jennifer

[ecmst12]

No law requires paid bereavement time and it is also not covered by FMLA (death is not actually a health condition according to the law).

[jenniferdduvall]

The time off without pay was coded FMLA not bereavement, sorry that I didn't include that. Thanks for your help on the them not offering any type of bereavement.