Given written warning for asking for clarification on PTO/Sick leave

[ana5587]

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

About a week or so ago I had read that starting from July 1st, 2015 sick leave will now be required to employees in CA. The company I work for has a PTO plan but I wasnt sure if PTO and sick leave were the same or different and needed clarification. I printed out the sheet at my home and brought it to work to ask my store manager. My store manager had already left for the day when I came in and I couldnt ask her. I left the sheet out on her desk with a note that stated, exactly, "please ask Norma (HR) about this new law."
The next time I saw my store manager I asked her about and she proceeded to get extremely upset at me and stated "why are you questioning this? Norma says it's in the handbook." I let her know that "I wasnt sure if it was because in the handbook it says PTO and I wasnt sure if sick leave was the same or not." My store manager got even more upset and stated "I don't know what else to tell you. If you are still confused and have questions then go ahead and call Norma yourself."

Earlier this week, I was reprimanded in a written warning for asking for clarification about my sick leave/PTO. My manager wrote me up for "taking time away from customer service by 'researching' sick leave issues and other operational issues of which she has no jurisdiction." This is a false claim and my manager was not on site when I brought a paper about my sick leave in and is assuming/accusing me of "researching" when I brought my sheet from home. I read the article online at home, obviously off the clock, and I have witnesses to state that I did NOT "research" on the clock and that I brought the paper from home; witnesses to completely deny her accusations and will state that I did no such thing. My store manager stated to me that "another employee told her I did it on site at work on the clock" and when I asked for a witness statement she replied to me saying "I dont need one." I informed my HR representative of this as well and she stated that "we already did a full investigation" even though HR never called to ask me or other associates about the accusations. My manager also stated to me that "I have no right to question my sick leave"

Is this write up legal? Am I really not able to ask for clarification on my sick leave/PTO?

 

[Zigner]

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

About a week or so ago I had read that starting from July 1st, 2015 sick leave will now be required to employees in CA. The company I work for has a PTO plan but I wasnt sure if PTO and sick leave were the same or different and needed clarification. I printed out the sheet at my home and brought it to work to ask my store manager. My store manager had already left for the day when I came in and I couldnt ask her. I left the sheet out on her desk with a note that stated, exactly, "please ask Norma (HR) about this new law."
The next time I saw my store manager I asked her about and she proceeded to get extremely upset at me and stated "why are you questioning this? Norma says it's in the handbook." I let her know that "I wasnt sure if it was because in the handbook it says PTO and I wasnt sure if sick leave was the same or not." My store manager got even more upset and stated "I don't know what else to tell you. If you are still confused and have questions then go ahead and call Norma yourself."

Earlier this week, I was reprimanded in a written warning for asking for clarification about my sick leave/PTO. My manager wrote me up for "taking time away from customer service by 'researching' sick leave issues and other operational issues of which she has no jurisdiction." This is a false claim and my manager was not on site when I brought a paper about my sick leave in and is assuming/accusing me of "researching" when I brought my sheet from home. I read the article online at home, obviously off the clock, and I have witnesses to state that I did NOT "research" on the clock and that I brought the paper from home; witnesses to completely deny her accusations and will state that I did no such thing. My store manager stated to me that "another employee told her I did it on site at work on the clock" and when I asked for a witness statement she replied to me saying "I dont need one." I informed my HR representative of this as well and she stated that "we already did a full investigation" even though HR never called to ask me or other associates about the accusations. My manager also stated to me that "I have no right to question my sick leave"

Is this write up legal? Am I really not able to ask for clarification on my sick leave/PTO?

Yes, the write-up is "legal". Yes, you can ask for clarification on sick leave.

 

[ana5587]

Yes, the write-up is "legal". Yes, you can ask for clarification on sick leave.

Thank you for your response! If I am able to ask for clarification on sick leave, how would this write up be "legal" when my store manager made up a false story to back up her false accusations?

 

[cbg]

Asking for clarification on the sick leave policy is not a right protected under the law. Therefore, it is legal to write you up for it.

You can ask for the clarification because there is no law saying you can't. You can be written up for it because there is no law saying you can't be.

 

[commentator]

Being written up isn't the same thing as being fired. You haven't been fired yet. If you continue on, and aren't fired for this incident, it's doubtful it will ever amount to anything at all.

If, within a few weeks, they find something else they don't like about your job performance, and try to say that this write up is part of the termination process, it might matter, to a small amount, in your being approved for unemployment benefits.

Unemployment benefits, incidentally, is the only thing you might possibly hope for, if you are terminated from your job for just about any reason. For questioning the sick leave policy, or violating the sick leave policy, or whatever reason they decide to terminate you for. Check out employment "at will" state, which you live in. They can write you up, or they can decide to terminate you for whatever reason they decide to do it, if they want to. It is not illegal. Most people really believe they have a lot more protections and rights in unemployment law than they do until their employer decides to do it to them. Then they find out it's all legal.