News Notes: Federal Labor Law Superseded Lawsuit Claiming Pay for Family Leave Time

Verizon employee Denise Harris was granted family and medical leave for a bad back. Under the union contract covering Harris’ employment, Verizon paid Harris sick pay benefits during the first part of her leave, but cut off her benefits when she didn’t provide a physician’s report confirming she couldn’t work. Harris sued, claiming the failure to pay her violated the California Family Rights Act, under which the right to paid time off depends on what has been negotiated with the employer. But a California Court of Appeal dismissed the lawsuit, ruling it was superseded by federal labor law provisions. That’s because determining whether Harris was entitled to paid time off required an interpretation of the union contract—which, the court said, was ambiguous as to when the company had the right to request a medical report.