Weingarten rights were won in a 1975 Supreme Court decision with these basic guidelines:
Read Word for Word to Your Supervisor
If this discussion, meeting or telephone call could in any way be related to my being disciplined or terminated or affect any of my working conditions, I exercise my federal rights and hereby request that my union representative be present. Without their presence, I choose not to participate in this discussion or meeting. Please do not request that I waive this right.
Your union contract provides you with Just Cause protections in the event you are disciplined. The Just Cause standard protects union-represented employees from arbitrary or unfair disciplinary action.
Answering “No” to any of the following questions normally means the Employer does not have just and proper cause.
The Family & Medical Leave Act (FMLA) gives you the right to take leave for medical reasons or to care for a sick family member. You are covered by FMLA if you are:
A serious health condition includes:
Absences due to serious health conditions are protected even if they are as short as a day or a part of a day. For instance, if you suffer migraines, you might miss part of a day one month and be out for a full day the next month. You may suffer from a chronic back condition that flares up requiring you to stay home one day in January, four days in April, and half a day in September. This can qualify as FMLA.
If eligible, you could receive approximately 60 to 70 percent of your weekly salary (from $50 to $1,216). Your employer may allow you to use vacation, sick, paid time off, or other leave to supplement your PFL benefits to receive up to 100 percent pay. The length of time worked at your current job does not affect eligibility. The Employment Development Department (EDD) provides an online calculator at edd.ca.gov/ PFL_Calculator to help estimate your weekly benefit amount.
You do not need to mention FMLA when requesting a leave, but you must explain the reasons for the needed leave, so your employer is aware that your leave falls within an FMLA category. Calling in with “a headache” is not sufficient but calling in and stating that you have a migraine is. Your employer can require certification of a serious health condition.
Questions? Contact us at (619) 298-7772 ext. 9.