She had to have a breast reduction done because of constant pain it was causing her in her back and shoulders. She was told she would be still be paid while she was on leave. She had the surgury done and was paid only for the first three weeks while she was out, when they told her they would pay her as long as she needed. She had a complication and the doctors are telling her a skin graph was needed to complete the healing. Right after that doctor visit (this is now 6 weeks after the surgury and 3 weeks after her work last paid her) she went to the bank and noticed she was $400 overdrawn in her account and her job had stopped paying her without informing her. They told her that her surgury was cosmetic and they would refuse to pay her anymore, even with doctor's notes. Is that legal?
Limited Liability Company (LLC) Lawyer
As a general rule, an employee is not entitled to paid medical leave or to have a job "held open" while out of work for medical reasons. There are some exceptions. If the employer had 50 or more employees, she may be entitled to unpaid leave under the FMLA. There may be an applicable state law that provides for paid or unpaid leave as well. Also, if an employer "promises" to pay, then there may be a contractual right to receive paid leave. Further, the employer may be engaging in illegal discrimination if it is treating her differently because of gender related issues, e.g., men who get injured playing softball with the boss get paid leave, but women do not get paid leave for gender specific conditions.
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