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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5009
Experience:  Exclusively practice labor and employment law.
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Was on med leave for around a year and a half I didn't quite

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Was on med leave for around a year and a half I didn't quite and I wasn't let go been back to work for 6 months I asked my boss about vacation he said he didn't see a problem with it so I took vacation he only pages me 20 hour said I wasn't untitled to 40 hours I had 100 hours of vacation when I got sick every year can they do that with our telling me first
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Wv
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response.

Customer: replied 2 months ago.
Ok thank you

In WV there is no law mandating that employers provide paid leave, and the law allows the employer to essentially draft their own policies for use of the accrued time off is they do decide to provide it. An employer may implement a “use-it-or-lose-it” policy ( i.e. that if you don't use the time off by a certain date you lose it requiring employees to use their leave by a set date or lose it), so long as the employee has agreed to the policy in writing; usually via an employee handbook. See Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999).

Thus, to answer your question - this could be legal provided the employer provided you notice of the policy and you signed off on it; you may have done this at hiring. You'll need to review your manual. If it's not in the manual you have a claim for that time off, and if the employer refuses you can file a complaint with the WV Dept of Labor http://www.wvlabor.com/newwebsite/Pages/Wage_Hour_wage_collection_employees.html

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Customer: replied 2 months ago.
No thank you

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