Family emergency

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Family emergency

Employer is asking for proof of emergency which I
was not involved can they ask for proof even if it’s
personal

Asked on August 6, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

It depends. If you have PTO and use that, then your employer shouldn't ask you for any details as to why you are using it (e.g. vacation days). However, if you have no PTO, then yes, your employer is free to ask for proof of why you need such time off. Further, if you do not provide it, then time off my be denied. It's up to your employer at it's discretion.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF you use a personal day which you may use for any purpose and which you have or accrued, or a vacation day you earned and accrued, then they can't: if you use these forms of accrued/earned paid time off, your reason is your own business. But if you are not using a personal or  vacation day which may be used for any purpose, they can ask for proof of the alleged emergency and deny you time off if you don't satisfy their criteria to give you time off for this purpose.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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