All notes for Subtopic 503.12000 – Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc.

DecisionDescriptionPERC Vol.PERC IndexDate
1738M City of San Diego
503.12000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc.
Applying the Campbell Municipal Employees Assn. v. City of Campbell (1982) 131 Cal.App.3d 416 standard, the Board found the employer discriminated against employee by denying her a benefit based upon the fact that she was not an Association member. There was no dispute that the benefit opportunity in question, i.e., the opportunity to use pretax money to enroll in employee group dental and eye care plans, was objectively a good thing. If the benefit opportunity is a good thing, favorable enough to be an inducement, then being denied that opportunity is unfavorable and adverse. (p. 9 and adopting proposed decision at pp. 7-8.) more or view all topics or full text.
295701/20/05
2450E Jurupa Unified School District
503.12000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc.
A District’s denial of a charging party’s personal necessity leave request docking of his pay is an adverse action. more or view all topics or full text.
404608/31/15
2494M City of Davis
503.12000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc.
Denial of same-day vacation request, thus compelling employee to use sick leave, is an adverse action, when the sick leave that the employee was compelled to use was therefore unavailable to be treated as additional time in service for the purpose of computing retirement benefits under a collective bargaining agreement. more or view all topics or full text.
413306/30/16
2458E Jurupa Unified School District
503.12000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc.
The District’s refusal of contractual paid “special leave” was not an adverse action because it is not reasonable to expect that an employee will be paid by an employer to stay home and perform no work in order for the employee to feel comfortable while pursuing her legal claims against the employer. more or view all topics or full text.
407510/23/15
0639E Riverside Unified School District (Petrich)
503.12000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc.
Failure to establish prima facie case that placement on paid leave unlawfully motivated. more or view all topics or full text.
121900311/23/87
0226E Rio Hondo Community College District (Davis)
503.12000: EMPLOYER DISCRIMINATION; ADVERSE ACTIONS; Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc.
Denial of unpaid leave of absence can constitute an adverse action. more or view all topics or full text.
61316707/19/82