Employment Law Questions? Ask an Employment Lawyer.
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1. How long have you worked for this employer ??
2. What is your position with this employer ?
3. You stated that they used your accrued sick time and vacation time - Were you being paid during those 13 days that you were out ill ?
4. Did they ask you if you wanted to use your accrued vacation time ?
I would like to ask you a few more questions, if you do not mind because something about the employer and his actions just do not sit right with me,
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1. Does your employer have at least 50 employees ?
2. If so, does the employer have posters provided by FMLA prominently displayed where you and other employees are apprised of your rights under the Family and Medical Leave Act ("FMLA")?
3. Did you ask your employer for leave under FMLA before you took your 13 days ?
At times, there might be a slight delay between your rply and my Answer and that is because I assist several customers simultaneously, so please be assure that I have not forgotten you and I will be back to you as quickly as possible
I cannot say why your leave is now being processes as FMLA because that would be improper at this stage. The Family and Medical Lave Act ("FMLA") which permits any eligible employee to take up to 12 weeks of unpaid leave under FMLA either for himself, or to take care of a sick family member.
As you probably know, any employer having 50 or more employees must comply with the requirements of FMLA. Most employees prefer not to use their vacation time for FMLA leave. What your employer is doing right now, should have been processed at the beginning of your leave. it really is difficult to figure out what he is thinking. But, one thing I can tell you with a good deal of certainty is do not permit your employer to mark up your personnel file as having taken your 13 days under FMLA and still reduce your paid sick days and accrued vacation time because he will be deducting your time off, twice. So, this has to be an "either or proposition" . He is wither going to mark your records as having been out on FMLA, or taking your accrued sick days and vacation time. Since neither you, nor I are mind reasers, there is no way for either of us to know what your employer has in mind or what h is planning. It would be to your extreme benefit that, before you sign anything, or even before you verbally agree to anything, you either ask him, or ask your HR Department what exactly they are doing with your accrued time, or how they intend to treat the accrued time, if they "retroactively approve your 13 days as having been taken under FMLA,
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