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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118087
Experience:  20+ Years of Employment Law Experience
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I want to know about vacation and sick days when they run

Customer Question

i want to know about vacation and sick days when they run out
JA: Have you documented this or discussed it with HR?
Customer: yes they are not helping me at all
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: a doctors not was supplied and i a on work comp due to an injury at the time i ran out of sick days and vacation days i was written up at work because of i it
Submitted: 10 months ago.
Category: Employment Law
Customer: replied 10 months ago.
i made my payment now whtat
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the law, the Family and Medical Leave Act applies and runs at the same time as workers compensation runs. You are entitled under FMLA to 12 weeks of protected leave, which could be unpaid. However, if you were out on a workers compensation injury, they MUST pay you temporary total disability if you cannot work at 66% of your base pay. So, at this point if they are disciplining you for being out of work and taking your time for workers compensation, which is not allowed under workers compensation, you have two complaints. One under FMLA with the US Department of Labor for punishing you while on protected leave up to 12 weeks and another as a suit for retaliation under workers compensation.
I suggest you file a complaint with the US Department of labor under FMLA discrimination and also get a local workers compensation attorney to pursue the retaliation claim.
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