Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I had surgery last year and was out on disability from

Customer Question
October thru February my Company...
I had surgery last year and was out on disability from October thru February my Company did not pay me for the 4 vacation days I had left to use for that year and when I got back to work in March they said because I didn't use them by the end of December that I just lose that paid time??? How can I use my vacation time when I was out of work on temporary disability? Is it legal for them to just take my earned vacation time and not pay me for it or give me my vacation time back?
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 18 minutes by:
8/29/2015
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,515
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me if there was any written policy regarding vacation and if it would be forfeited at the end of the year?

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
There is a written policy in our union handbook that states that you can't carry over vacation time into the new year, but I was out on disability so it wasn't possible to use up my time. It also states in our union handbook that we must save our vacation time for a plant shutdown period that takes place in late December so I wouldn't have been approved for any vacation time prior to going out of work on short term disability anyway
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

I see. Have there been instances where other employees in a similar situation have taken disability leave and been paid of that vacation time?

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
We typically have 2 shutdown periods a year. One during the first week of July and the other on the last week of December. When people are out on short term disability over the July shutdown where we are mandated to use 4-5 of our personal vacation days if not out of work on short term disability , whenever you get back to work (as long as it's before the years end you are given your vacation time back because it was not used during the "shutdown" time period.
Again I understand that there is a written statement in my Union handbook that the employee is to use your vacation time up by the end of the year, but in the same handbook the company requires the employee to "save" their personal vacation time to be used for company shutdown periods. Basically even if I knew I was going to miss work because of a health issue I wouldn't even been able to use my vacation time that I had last year because they would just tell me I can't use it because I have to save it for "shutdown"??? Just doesn't seem right to me?
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

I agree that it doesn't seem right. But that doesn't mean that it's legally wrong. You see, New York is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

New York does not require that vacation be provided at all, and can institute policies for the forfeiture of the vacation. This is (generally) irrespective of your ability to take it or not. Now if they have "looked the other way" and not really enforced the policy for some employees but not others (that would be called "selective enforcement" of the policy) AND you could argue that they enforced it because of your disability or taking disability leave, you might have a case against them for illegal discrimination. But not giving you your vacation while you were on disability, so long as they were not discriminating against you because of your disability or your disability leave (but rather applying a policy in a neutral manner based upon the clear language of the policy itself) then it would be legal. I certainly agree that it's not "right" and that it would be better if they would pay you the disability, but under the clear policies I'm afraid that they have no legal obligation to do so.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Did you have any other questions before you rate this answer?

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Should I continue to await your response, or may I assist the other customers that are waiting?

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable.

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Did you have any other questions before you rate this answer?

Ask Your Own Employment Law Question
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,515
17,515 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I filed for short term disability through the company that I
I filed for short term disability through the company that I work with. I had the doctor fill paper work. If the paper work that I submitted to the disabitlity company shows I have a diagnosis is the … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I am on short term disability since Aprildue to complicated
Hi I am on short term disability since Aprildue to complicated pregnancy. I had my baby on November 21st and on FMLA leave until Jan 15th. I have to return to work on Jan 16th. I am still feeling weak… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
I have been discriminated against for a job promotion
Hi I have been discriminated against for a job promotion because of my disability. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
My current employer does not offer short term disability.
My current employer does not offer short term disability. How can i apply for short term disability… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am on short term disability. my employer HR is requesting
I am on short term disability. my employer HR is requesting that I send them progress reports from my MD in order to continued being paid. They are using a 3rd party insurance company (Mutual of Omaha… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I am currently on short term disability and know I don't
I am currently on short term disability and know I don't want to return to my job. The atmosphere is toxic and unethical. After my short term disability runs out, would I be able to receive unemployme… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
I am currently on short term disability leave with short
I am currently on short term disability leave with short term disability pay. If I do not return to that employer (i.e. get a position elsewhere), will I be required to reimburse my current employer f… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
My brother was on short term disability and was cleared to
My brother was on short term disability and was cleared to go back to work..The day he returned to work they tell him he's laid off! Apparently they hired someone to take his place while he was gone!H… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Don't know if I am discriminated against with promotions.
Don't know if I am discriminated against with promotions. But I notice over the past couple years that everyone that is promoted are younger than me. some are half my age and others maybe a couple yea… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Don't know if I am discriminated against with promotions.
Don't know if I am discriminated against with promotions. But I notice over the past couple years that everyone that is promoted are younger than me. some are half my age and others maybe a couple yea… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was just let go while on short term disability. I was told
I was just let go while on short term disability. I was told they were not bringing me back and that they were going in a different direction. They called me in for a meeting to tell me this while on … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I have exhausted my FMLA, short term disability and
I have exhausted my FMLA, short term disability and currently pending long term disability in the state of Texas. I briefly went back for a week during FMLA prior to my illness getting worse. My quest… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
My spouse is currently out on a short term disability for a
My spouse is currently out on a short term disability for a medical condition. His employer is notifying us we are no longer eligible for health insurance because of the reduced hours while on disabil… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I was terminated while on short-term disability for back
I was terminated while on short-term disability for back surgery. Is that legal? They said it was because I had no definite return date but I had told them a week earlier that I was seeing the surgery… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I had knee surgery and was placed on short term disability
I had knee surgery and was placed on short term disability while recovering from surgery my employer also wants to use fmla along with the short term disability can they do that? I was told that they … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have used all of my FMLA along with short term disability
I have used all of my FMLA along with short term disability during Feb-May came back to work 5/5. I was not 100% better however I went back to work. Migrane headaches caused by an accident and then ha… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I filed for short term disability on august 18th and was
i filed for short term disability on august 18th and was terminated on august 21st. will i be able to transition to long term disability even though i was terminated. i am in the state of AZ … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
If someone is on short term disability due to a medical
If someone is on short term disability due to a medical problem, and they go on an interview for a new job (need to find career with less stress and more time flexibility due to medical condition), mu… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x