Paid Sick Time: A Privilege, Not a Right
Q We are a small employer (20 employees, all salaried). We give our employees three weeks of vacation, seven paid holidays and one week of sick pay a year. Although most employees do not take any sick time, some do.
We were thinking of combining these days into paid time off and lowering the days available to 24.
Some of the employees think that it is against the law to take away sick time. We believe that we do not have to provide sick time at all. Who is right?
--K.R., Newport Beach
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A You are correct. An employer has no obligation to provide paid sick time to employees.
Unless you have a policy or practice of paying employees upon termination or at the end of each year for sick days that they do not use, you as the employer may reduce the annual allotment of days available to employees for sick time.
--Michael A. Hood
Employment law attorney
Paul, Hastings, Janofsky & Walker
Is This Restroom Fit for Smoking? Doubt It
Q My company shares a two-story office building with many other small businesses. The first floor, on the street level, has only retail and restaurant concerns.
The second floor is for nonretail businesses and has controlled access. The men’s and women’s restrooms are locked and available only to second-floor tenants.
Since these restrooms have a ceiling fan and windows that we can open, is it legal to smoke there? Most of the companies on the second floor have only owners working there. Would Labor Code Section 6404.5 apply here?
--L.V., Los Angeles
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A The state Labor Code section that you mention prohibits smoking in all enclosed places of employment, but there are a number of exclusions.
Employers with five or fewer employees, for example, may permit smoking under the following conditions:
*The smoking area must not be accessible to minors.
*All employees who enter the smoking area must agree to permit smoking. No one may be required to work in an area where smoking is permitted.
*Air from the smoking area must be circulated directly to the outside by an exhaust fan.
*The employer must use ventilation systems or standards approved by the Occupational Safety and Health Standards Board or the Environmental Protection Agency.
Under the scenario you have described, some of the employers on the second floor might qualify for an exclusion from the no-smoking code.
But even if employees agreed to allow smoking, the ceiling fan probably would not meet the required ventilation standards.
And under the law, no employee could be coerced into consenting to smoking in the restroom or elsewhere in a place of employment. Any employer found to have used such coercion would be subject to penalties of up to $7,000 per violation. --Diane J. Crumpacker
Management law attorney
Fried, Bird & Crumpacker
Will Fudging My Age Backfire at Retirement?
Q I have been employed by a large corporation for almost 13 years. Prior to obtaining my position, I had encountered age discrimination.
While my present employer did not ask my age at the time I was interviewed, nor was it requested on my application, I have continuously subtracted 11 years from my age on various documents, including 401(k), insurance and medical forms.
When I reach 65 years of age (real age), assuming I have achieved the years of service required for retirement benefits (currently 20 years for full benefits), would I be entitled to these benefits if I choose to retire, even if official company records indicate that I am 11 years younger?
--B.Z., Los Angeles
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A Employees who make significant misrepresentations to their employers face substantial risks, including being fired for dishonesty.
This may not become a problem for you, however, if you are planning to leave the company anyway.
As to retirement benefits, there probably would be no negative impact when you state your correct age to obtain the benefits, since most 401(k) plan contributions and benefits are not determined by age, according to Roger Renfro, an employee benefits attorney.
If age was a factor in determining how much your employer contributed to the pension plan, however, you may be subject to some penalties.
--Don D. Sessions
Employee rights attorney
Mission Viejo
A Spouse Connection Causes Difficulties
Q My husband works for an affiliate of the company that I work for. The companies serve the same industry.
Several times each year, his company is invited to participate in conventions and other meetings that my company hosts. Once in a while, I go along, as a spouse, so that I can “vacation” while my husband attends the meetings, etc.
Recently, at one of these meetings, I attended a function with my husband at which a very lavish meal was offered to guests. I was looking forward, as a guest’s wife, to partaking in the goodies and otherwise enjoying the event.
However, I was embarrassed when one of my company’s executives ridiculed me for “mooching a free meal” at our company’s expense. Now, I’m getting the cold shoulder at work, and I feel as though my future is in jeopardy.
What should I have done?
--G.G., Arcadia.
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A You should have mentioned to executives that you were attending the event in your role as a spouse, not as a company employee.
It might be a good idea to talk to the officer now to try to clear the air. Mention that you did not want to violate any company policies or practices, and ask the officer what you should do when your husband is invited to similar events in the future.
Opening up the lines of communication might help warm up the treatment you are getting.
--Ron Riggio, director
Kravis Leadership Institute
Claremont McKenna College
If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.
