Question: Management instructed us that our leave requests will be denied if we are not caught up on our work assignments. There is nothing in our MOU or personnel rules that allow for that. Can Management deny me the right to use my own leave time like that? We are so understaffed. Work is never ending. We will never completely catch up on our assignments. Please advise.
Answer: Management has the discretion to approve or deny vacation or annual leave requests. Staffing and workload considerations are valid reasons for doing so, but management cannot create a new rule on paid leave usage without first providing notice and an opportunity to meet and confer with your employee organization. It sounds as though management has created a new policy that leave requests are automatically denied if employees are behind on work. If there is nothing written in your MOU or personnel rules, and it is not an established past practice, then management cannot create this new rule without first notifying your Association.
Your supervisor cannot deny your right to use accrued and available sick leave for sick leave purposes if you give notice according to the law, established department policy, or MOU. This right does not hinge on workload issues. If you follow the prescribed procedure for notice, such as calling in before a shift or notifying in advance for scheduled appointments, sick leave must be provided. While supervisors may appreciate advance notice for scheduling, workload alone is not a ground to deny the use of sick leave.
If your leave requests are repeatedly denied over an extended period, or you are denied your right to use sick leave, contact your professional staff for assistance with filing a grievance.