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Employment Law

My wife is about to have a baby. My employer approved my…

Customer Question
My wife is about...

My wife is about to have a baby. My employer approved my FMLA leave, but they said I have tio use vacation time, and do not want me to use my sick time to cover my leave. Can they dictate what type of leave I can use to cover my FMLA?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Full time

Submitted: 1 month ago.Category: Employment Law
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Answered in 3 minutes by:
1/3/2018
Employment Lawyer: Loren, Lawyer replied 1 month ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 36,289
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Employment Lawyer: Loren, Lawyer replied 1 month ago

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, it is neither illegal, nor uncommon, for an employer to demand you use up sick leave of vacation time before the FMLA.

It would be illegal, however, if the employer did this in a discriminatory way, such as by race or gender.

Otherwise, it is not illegal.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 1 month ago
Can the employer dictate what time off you use, whether it be sick time of vacation time first? I have 4 weeks vacation, and 1 week sick time. I requested to use my one week of sick time, and then use a week of vacation time. They are telling me I must use 2 weeks of vacation instead, leaving my week of sick time intact. My wife will likely have a C-Section, so I feel that I should be allowed to use sick time to care for her. They are saying no to the use of sick time. If my wife doesn’t have a c-section, would that change the answer?
Employment Lawyer: Loren, Lawyer replied 1 month ago

Thank you for following up.

Yes, they can dictate which leave is used first, so long as it is not implemented in a discriminatory way. They are permitted to have such a policy.

Otherwise, you could file a complaint with the EEOC for a Title Vii violation.

How she delivers is not really relevant under FMLA.

Again, sorry to be the bearer of less than favorable news.

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Employment Lawyer: Loren, Lawyer replied 1 month ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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