Can employer denied time off for a child’s court proceedings?

If I’m required by the court to attend court for my child, can my employer denied me time off?

Asked on October 12, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Actually, your employer is not bound by the fact that you must appear in court. While seemingly unfair, it is the law. Accordingly, you will either need to use any available PTO (i.e. sick or vacation time) that you may have, try to get your employer to excuse your absence or re-schedule your court date. The fact is that unless your employer's denial violates the terms of a union agreement or employment contract, you have no claim. The fact is that most work is "at will" which means that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Actually, your employer is not bound by the fact that you must appear in court. While seemingly unfair, it is the law. Accordingly, you will either need to use any available PTO (i.e. sick or vacation time) that you may have, try to get your employer to excuse your absence or re-schedule your court date. The fact is that unless your employer's denial violates the terms of a union agreement or employment contract, you have no claim. The fact is that most work is "at will" which means that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination).


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