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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12631
Experience:  Significant experience in all areas of employment law.
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I was on medical leave for severe hypertension/high blood pressure.

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I was on medical leave for severe hypertension/high blood pressure. the leave admin denies my claim extended beyond three weeks but HR tells me to listen to my doctor and focus on health and to appeal the decision. Not to worry about anything just focus on my health. The decision about the appeal comes after when the doctor suggests I can return to work. I started working after five weeks as colleagues and clients are reaching out to me despite being on leave and I am concerned my appeal will be denied based on conversation with the leave administration company. can my employer decide after despite knowing i was working the last three weeks of my leave to tell me that does not count as work and they will be deducting vacation time for the entire five weeks that are no longer considered leave, which is still being appealed.
Good evening and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

Was your leave FMLA protected leave? IF not, or if you don't know, does your employer have 50 or more employees and have you been working there full time for at least 12 months?

Also, to clarify your question, are you concerned only with whether your employer can force you to use vacation or whether your job is secure?

I very much look forward to helping you on this matter.
Customer: replied 3 years ago.

it was FMLA protected. company is over 50 ee's large Fortune 500 company. yes over 12 months. my point is if am working how can they deduct vacation. they are saying was on leave but that was denied for now. regardless was working. I understand that may have some sort of legal case since colleagues new was supposed to be on leave but were reaching out to me and working with me botXXXXX XXXXXne just want to do my work, no lawsuits and no charging me vacation time when was working


Thank you very much for your reply. One last point of clarficiation--are you paid on an hourly or salary basis? I should be able to answer your question following your reply.

Thanks again.
Customer: replied 3 years ago.


Thanks again.

By definition, a salaried employee is entitled to the same rate of pay regardless of the quality or quantity of work performed. However, if an employee misses a WHOLE day for personal or health reasons, employers may deduct a pro rata share of that employee's salary to account for the missed day. (E.g., if an employee misses one full day in a pay period that has ten work days, their employer can deducted 10% of their salary)

Since you were working during your medical leave, albeit in a limited capacity, you were entitled to your ordinary compensation for such days. Your employer could conceivably "cash out" your vacation during this time (they can do that at any time since they control how and when accrued vacation can be used), but they must pay you for those accrued vacation days in ADDITION to your regular salary.

By paying your vacation in place of salary to which you were entitled, your employer (depending on how you look at it) is either forcing you to forfeit accrued vacation, which is illegal in California, or they are refusing to pay wages earned.

In either case, you have a claim for unpaid compensation which can be pursued through either California's Department of Labor Standards Enforcement or in civil court. As a prevailing plaintiff in civil court you would be entitled to attorney fees and costs. The DLSE "wage claim" process is free.

To locate a local employment law attorney who can assist you, see here:

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
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