Employment Law Questions? Ask an Employment Lawyer.
Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.
You have a common issue,
an employer can force an employee to use PTO
PTO is regulated by the employer so the employer can make any rule they wish
under the law an employer cannot harass or discriminate against
any employee who has chosen to take FMLA leave,
if the employer is denying you benefits,
or is discriminating against you due to your FMLA use,
that is a violation of the Federal law
If you take FMLA time off,
the employer has to provide you the same job and benefits,
as you had before you took leave,
It just feels like they are double dipping to use PTO time and those same hours get charged as FMLA use toward the allowed 480 hours per year.
It seems that they are, however since PTO is not regulated by the State,
the law allows an employer to dictate these terms, what is against the law, is if they do not do this to other employees, and are picking on you ,
I have not taken a "leave", it has just been appointments here and there and emergency visits to hospital.
You are on intermittent leave, that is fine
The issue arising is that all of my PTO time has been used and I am facing not having enough PTO to bring my hours up to 40 each week. That is where I am concerned that if I work only like 38 hours that they will force me to lower my FTE status, which effects benefit %. Can they do that?
the law only protects you from termination or discrimination
they can only do this if they follow the same policy to other employees,
And I assume it is not discrimination to take my PTO time and charge those very same hours against the allowable FMLA hours? Because people who are not on FMLA do not have this issue.
OK, well it just doesn't feel right because "if" I would not have applied for FMLA then I would not be expected to lower my FTE status.
If the reason they are doing this to you is your use of FMLA, that is against the law,
they cannot treat you different due to your use of FMLA,
I do think they treat everyone on FMLA the same, but I am the only one who is gone just a few hours each week, every other week, unless an emergency arises.
The issue is that they just made that "management decision" to use PTO the following month after I applied for FMLA, keeping in mind that my supervisor suggested that I apply for FMLA so I wouldn't be questioned when I had to run out on an emergency. Kinda backfired!
That is unfortunate, and they may have done this to punish you for taking FMLA,
however, it is only against the law,
if they did not do this to other employees,
who take leave,
Ok, so even though it feels wrong ~ they can get away with it because they are the employer and hold the cards. I just think it's unfair to take your PTO when people really need that time to recover from being under so much stress from caring for loved ones. They do treat everyone pretty much the same which is good, but just doesn
doesn't feel like they care about the employees.
That is true, however unless you can have the employer create a new PTO policy where this cannot happen, the employer is allowed to act this way
This is common practice for most employers,
so this is not unique
Thanks so much for helping me with this issue. It has been nagging at me for sometime and I now have clarification and I appreciate it. Maybe I will just lower my FTE status and let the dice roll, this would be the only way to stop my PTO from being exhausted. I will have to think about it a bit more.
That may the best option,
FMLA will protect you from a termination or demotion,
so if they try to do that, you could have a valid complaint
I have two jobs and work 4 10's here and 1 day at a Veterinary clinic. My boss there is appauled by the uncaring nature of this management rule, as am I. I can afford it financially but so many others here cannot and its truly unfair to them. I am at Supervisory Level here and have expressed my feelings about it to management but on deaf ears it seems.
Thank you and I will use your service again when I need legal advise. I know now that I will just let this go and not make a claim or issue of this at a legal level.
Good luck and if you have any further questions please do not hesitate to ask.
If satisfied please provide us with positive feedback, thank you
Have a great evening, summer is over here in Washington as today is our last day of nice sunshine, will go home and BBQ. Thanks again....... Bye
Oh, Is there a way to print this conversation?
yes, once you provide feedback, it will be saved and you can print it,
Awesome! I will do that now ~ would have anyways since you have been great!
Thanks, XXXXX XXXXX good day
You as well...............
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