Is This Legal For My Job To Do?
Find answers to your legal question.
Is This Legal For My Job To Do?
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I'm a little late asking this but the subject recently came up so I was just wondering. Four months ago I had my little girl. I knew that my job only did unpaid maternity leave so I was going to use my 80 hours of vacation time that I had. Well, I called three days after I had my little girl to tell them that I wanted to claim the 80 hours and they told me that #1, because they had lowered my hours to 32 hrs. a week I only had 64 hours of vacation time this year and #2, they were only going to allow me to take 32 of the 64 hours because in case I decided to quit before then they did not want to be out of money. It is a small company (about 60 employees) but is this legal. Does FMLA automatically cover pay or does it only apply to taking unpaid time off? Thanks!
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HRmom
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FMLA only provides job protection during your leave and does not require employers to pay you during that time. There are no laws requiring an employer to offer paid time off at all (sick, vacation, holiday) for any reason, and therefore, there is nothing mandating how they choose to allow their employees to use that time. If they choose to allow you to only use half of your time, they can do so.
Enjoy your new baby and congrats! |
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Judy
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FMLA provides UNpaid leave.
For the vacation, whether it's legal or not for them to do what they did depends on where you are. Different states and different countries have different laws for vacation. |
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