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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I am a salaried employee who works 70 plus hours a week and

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I am a salaried employee who works 70 plus hours a week and 7 days a week. I am due to have a knee and hip replaced very soon. My employer says he cannot pay me while I am off as he will have to pay someone while I am on leave. We have no vacation time per say and also no benefits such as medical or disability. My getting time off for anything becomes a major issue as the manager of the other facility has to give me my time off and if has something he is going to do or wants to do, I am told no. My manager does not give me my time off. Also am paid no overtime at all, which does not really upset me. I am just very confused as to my legal rights. I have been with the company for 7 years.

Thank you for your question.

I share your pain on working 70 hours a week with no paid vacation.

Unfortunately, the law pervasive throughout the United States and specifically in Indiana is that there is no right to vacation time or paid sick leave unless it is specifically agreed to by the employer.

The law only provides, under the Family Medical Leave Act, that an employee may take up to 12 weeks off per year for a serious medical condition without being in danger of losing their job. This is the only right which applies in your situation unless your employer has a paid sick leave policy.

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated for my work by the website. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
TexLaw and 5 other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

So, basically I am up a creek with out a paddle to try to put it nicely. Why is it the employer as all the benefits and the employee that is being worked like a slave has none? I am 73 years old and have to work for a few more years.

That would be putting it nicely.

The going theory on why we as a society give the employers all the rights is that it allows more economic freedom for business owners (to be very brief about it). When compared with almost every other highly developed country, the US has by far the lowest standards for workers rights.

I wish I had better news for you, but unfortunately, I do not.

Thank you for the positive rating. Please let me know if there is anything else I can do for you.

Customer: replied 4 years ago.

Thank you for your time

Best of luck with your surgery.