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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42896
Experience:  30 years in Employment law
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My mother is a nurse at a large hospital. In february, she

Customer Question

My mother is a nurse at a large hospital. In february, she broke her wrist and had to take 6 weeks of fmla time, unpaid. Now, she requires hip surgery. She has requested another 6 weeks of fmla time, which was granted, but then her manager denied her her vacation time (paid time off she had earned according the terms in her contract), which had already been previously approved. My mother had though she cod use that time as PTO during the fmla period, and also extend her leave time by a few days. Is denying her contracted PTO considered retaliation? She is also experiencing a rather hostile work environment, where employees are denied time or penalized in other ways if the try to go above this particular manager. Does she have a case? This is also in Illinois, which is a fire at will state.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
Here if there is no union or employment contract she is an at will employee.
The exception to this is if you can argue that she has been discriminated against based on her age, race, or sex.She can claim that the hospital has created a hostile environment and that there is discrimination.
She would need to show that they have singled her out here, if they have allowed others such leave or treated her differently because of her age, race, or sex.
She can file here with EEOC this may give her protection if they try to fire her then she can file again claiming retaliation here.
This may force employer to address this issue and seek to resolve it with her.She may want to consider an employment lawyer to sue for such discrimination.
EEOC file here.
http://www.eeoc.gov/employees/charge.cfm
More on harassment, hostile environment.
http://www.eeoc.gov/laws/types/harassment.cfm
She can file an FMLA complaint as well through the US Dept. of Labor.
http://www.dol.gov/wecanhelp/howtofilecomplaint.htm
Lawyer referral here to sue, plug in your city to get ones in your area..
http://www.avvo.com/employment-labor-lawyer/il/aurora.html
I appreciate the chance to help you tonight.Please let me know if you have mroe follow up.Thanks again.