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

Asked about 2 years ago - 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. Elizabeth Sarah Loring

    Contributor Level 7


    Lawyer agrees

    Answered . 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... more
  2. David Andrew Mallen

    Contributor Level 14


    Lawyer agrees

    Answered . 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... more

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Employee rights

Employee rights in the United States include receiving legal and agreed-upon wages, working in physically safe conditions, and being free from harassment.

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