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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 .

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Attorney answers 2


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

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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

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