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Leave without Pay Rules

For most people leave without pay questions are very common when leaving a place of employment. When people are faced with questions like these, they usually have similar ones as well; what is leave without pay, extended leave without pay, and leave without pay employees? When questions like these occur, the individual’s can ask the Experts for solutions or insights. Listed below is five of the top Leave without pay Questions that have been answered by the thousands of Experts.

What does administrative leave without pay mean?

Leave without pay (LWOP) is a temporary nonpaid status and absence from employment or duty that, in most cases, is granted at the employee's request. In most instances, granting Leave without pay (LWOP) is a matter of supervisory discretion and may be limited by agency or company internal policy.

If someone was put on leave without pay for four months, should they have received unemployment benefits?

In many situations the individual will be able to receive unemployment benefits, except if the individual’s leave was not pertaining to infractions at work or to sickness. Because unemployment benefits are only accesiable, where the individual was not unemployed, because of their own fault and the individual has to be available for work.

In the state of Texas, how much of a leave without pay is an employee entitled to take from their employer within a one year period?

In Texas, there is no legal right to take any leave at all from employment unless you have a serious illness and can qualify for unpaid time off under Family Medical Leave Act (FMLA), if an employment contract or company policy that grants leaves of absence or other unpaid time off, or if an employee isn't entitled to any time off due to company policies regarding time worked vs. time off.

After being put on administrative leave without pay, does someone need to get an attorney or get legal advice?

Many times an individual party will need to have a legal representative, if they are put on a leave without pay, especially if it was for disciplinary reasons. In cases like these, they are hard to handle by yourself without insight and information from a legal attorney.

If an employer puts an employee on leave without pay, does the employer have to pay for any of the holidays that occur within that time frame?

In many cases the individual will not get their holiday pay during the time they were on a leave without pay.

Leave without pay is a very complicated topic; it can span many questions one after another. Such as, leave without pay legislation, application for leave without pay, and forced leave without pay. Experts can help with fast and effective answers.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
7 Employment Lawyers are Online Now

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Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Leave Without Pay Questions

  • I am trying to find out what my legal options are for resigning

    I am trying to find out what my legal options are for resigning from my job as a teacher in Texas for the remainder of the school year without sanctions being imposed. I understand that sanctions will be imposed if good cause is not found, however I don't know what constitutes good cause.
  • I am a salaried, exempt employee. I left early on a Friday,

    I am a salaried, exempt employee. I left early on a Friday, because I was ill. I was out sick M&T of the next week, came to work W but left 1 hour early, and remained out the remainder of that week (Th & F). My employer did not pay me for 4 days of work (35 hours) but paid me for 39 hours of work with an additional 6 hours charged against my accrued PTO during that 2-week pay period. Shouldn't I have been paid for 45 hours of work and had nothing taken from my PTO balance as an exempt employee - I did work 2 partial days? Shouldn't my employer discuss the use of my PTO before deducting it from my paycheck? Why is my employer allowed to have me accrue PTO in the first place?
  • I was threatened and harassed by a male physician in a patient

    I was threatened and harassed by a male physician in a patient care area. This same physician has a history of this disruptive behavior at one point it is confirmed his license to practice was suspended until he completed the CPHP program in 2005. My incident happened 5 months ago at which point this physician was not put on the schedule to work at my place of employment but at the neighboring hospital which was where the first documented offense occurred. I was under the understanding he would not be allowed to practice at the surgery center where the incident occurred with me but now that my 180 days to report this incident to the EEOC are almost here administration has informed me if he completes another CPHP he will be allowed to come back. Also I feel there has been retaliation towards me because of my writing this physician up. This physician is a long time practitioner 30 plus years in a small town where it's a good ole boys club physicians protect each other. The main surgeon was his best man at his wedding who is protecting him. There have been numerous complaints as to this physicians behavior towards patients as well as co workers and very little documentation from administration covering it up. Examples of retaliation towards me: administration asked me to meet with this doctor for an apology and I reluctantly agreed. Unfortunately I was brought to a small office in HR with my boss, the hospital HR manager and this physician had to sit across from him in close corners and was further harassed by him and HR to the point I left the so called Apology which never occurred 10 min into the conversation. At work this physicians wife is also a nurse who works with me on the floor her and another nurse were having a conversation right next to me taunting me with the conversation consisting of "running to tattle to administration about issues" and poking fun of staff that would do such a thing. This other nurse now who is he doctor's wife's best friend who had taken part of this harassing behavior now is being promoted to my immediate supervisor. My daughter just had surgery a week ago. Her surgery time was scheduled at 2:15 which happened to be a day I was scheduled to work. I asked my manager if I could have that time period off I would be willing to work til 2:15 but then I wanted to be a parent but I was denied. My manager said she would make sure I was off at 4:00 when my shift ended even though we were over staffed and another nurse was allowed to leave early. This incident 5 months ago was my first documented case with this physician. I called law enforcement and checked into a restraining order but because it was a small community I decided not to and at the time he board of the surgery center wouldn't schedule him working. The one shift he was allowed back one month after this incident I wasn't on but the nurse working with him reported him mocking me with another surgeon "Better do it right or the nurse will write you up for it" I know of other nurses and a fellow doctor co worker who have. Incidents with him or have left because of how he has treated hem. I know there are rumors of him sexually harassing others and sleeping with nurse in the past. If investigated a lot of this would be revealed and discovered. How should I protect myself? Should I report this to the EEOP or what direction should I take?
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