Skip to main content

If you are under a doctors care or you have a medical emergancy can your employer take any of your vacation time away ?

Springfield, OH |

i had a kidney stone and had trouble passing it so the doctor gave me 3 days off and my employer took 3 days vacation ffom me .

Attorney Answers 2


  1. Under the Fair Labor Standards Act, they can use vacation or sick pay banks to pay your salary for that week. Not sure about Ohio law.

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


  2. This is probably legal. Even if your absence qualified as FMLA leave, your employer generally can require you to exhaust your vacation, sick, PTO etc. simultaneous to your leave. A possible exception would be if your employer is not forcing others with non-medical issues to use vacation time for absences of similar duration.

    This answer is provided for informational purposes only and does not constitute legal advice. You should not act or rely on this answer without consulting with an attorney one-on-one. The response cannot and is not intended to replace a face-to-face or telephone consultation with an attorney, and no attorney-client relationship is created by this response in the absence of a fully executed representation agreement, even if a response was given to a question

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics