Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 6 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
1/3/2018
Employment Lawyer: Loren, Lawyer replied 6 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,846
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.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 6 months 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.

Ask Your Own Employment Law Question
Customer reply replied 6 months 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 6 months 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.

Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 6 months 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!

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,846
38,846 Satisfied Customers
Experience: More than 30 years in legal practice.

Loren 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:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 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

4,029 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.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I work for a company and I have been put on a medical leave
I work for a company and I have been put on a medical leave of absence. They did not pay me this week and said its because they only approved my leave until the 21st of February even though my doctor … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
FMLA question...My county employer says I must first take sick
FMLA question...My county employer says I must first take sick leave then vacation leave then other accrued leave balances in that order. I want to take only 3 weeks of sick leave (of which I have abo… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
We have a division in California. They were given 3 weeks vacation,
We have a division in California. They were given 3 weeks vacation, here in our Utah facility that includes sick days. I have one person that takes sick days along with the 3 weeks vacation because th… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
My wife was forced to take FMLA unpaid time off. She had the
My wife was forced to take FMLA unpaid time off. She had the flu while on vacation sent the note to Human resources during vacation. They did not pay her for the 2 vacation days plus 3 days she was ou… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
If I take time off for the birth of my daughter (Im the father),
If I take time off for the birth of my daughter (I'm the father), can my employer deny me the right to use paid sick time off for this? I'm in Texas and there is nothing in our policies specifically s… read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers
My daughter works full time for a Child Development Center
My daughter works full time for a Child Development Center run by a local church with more than 50 employees. She is taking maternity leave and doesn't have enough vacation or sick leave to cover the … read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
May an employee use vacation time instead of FMLA for a leave
May an employee use vacation time instead of FMLA for a leave of absence that would clearly fall uder FMLA? Put another way, may an employee who has been granted vacation time retract a request for FM… read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
Hello, My wife and I are expecting our first child at the
Hello, My wife and I are expecting our first child at the end of January. We live in Massachusetts, and she works full time from home for a company based out of Denver. Today (12/29), they informed he… read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
Im currently on FMLA. My company renews our vacation time
I'm currently on FMLA. My company renews our vacation time every January. Do I have a legal right to use my vacation time while still on FMLA or is it up to my company to decide if they want to pay it… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I live in the state of Arizona. I work for Avnet, Inc. I
I live in the state of Arizona. I work for Avnet, Inc. I have worked there since July 2006. I talked to my boss in August, 2011 and asked if I could work from home for a a couple of months to return t… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
was is it called when fmla is retroactively applied to sick
was is it called when fmla is retroactively applied to sick leave you already used to prevent you from combining fmla and sick leave. is it legal to do so if you haven't reach 26 weeks of combined lea… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
i just had a baby and i am getting 6 weeks of paid maternity
i just had a baby and i am getting 6 weeks of paid maternity leave. however, i want to take the 12 weeks fmla. I understand the 6 weeks leave runs concurrently, but my employer expects me to use my ac… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
My wife and I had a baby Dec 19 and she started her FMLA then. She
My wife and I had a baby Dec 19 and she started her FMLA then. She had PTO time and her company gave her 6 weeks STD. She had arranged with her payroll to return April 04, 2011 and they set it up as s… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
One of our female employees just returned yesterday from maternity
One of our female employees just returned yesterday from maternity leave. She was off work under FMLA from July 12 until October 5, 2010 and thus she completed her 12 weeks. Now she is talking about t… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
FEMLA I live and work in Texas. My son was born severly
FEMLA: I live and work in Texas. My son was born severly premature (now day of life 90) - - still in the NICU. I have taken over half of my 6 weeks of my leave since his birth. It may be a few weeks b… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Hi, I live in NJ. Jersey City and work in Texas. Houston my
Hi, I live in NJ. Jersey City and work in Texas. Houston my wife expecting baby, and I need information about: How long by low of state Texas, Houston I can take paternal leave from my employer. I'm w… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
so just cuz i cant get fmla and they cant hold ...
so just cuz i can't get fmla and they can't hold my job til i come back from having my child i can't do anything and i lose my job with nothing to show for it. how can you just fire someone for having… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
I applied for FMLA to take care of my sick father outside ...
I applied for FMLA to take care of my sick father outside USA(Malaysia)..I applied for 12 weeks. It was approved..What if my dad gets well before the end of my FMLA? Should i return to work or not? Wh… read more
4ren6
4ren6
Retired
2,906 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