Is it legal for my job to make me take a leave and make me use my own paid time off?

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Is it legal for my job to make me take a leave and make me use my own paid time off?

Last week my job made me take a leave, they told me I can’t come back until I see someone from the employee assistance program. They also told me that I have a lot of paid time off and that they were going to use that for the days that I have missed. My question is that can they use my paid time off for a leave that they forced me to take? Also, can they even make me take a leave?

Asked on April 16, 2012 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, if an employer requires an employee to take time off for leave with respect to the employee assistance program, the employer is not legally entitled to debit the accrued time off that you have for such. In fact, if the employer insists that you take the time off, then the employer if the time off is for some disciplinary purposes could refuse to pay you (which could be allowed) but it cannot debit your accrued time off without your permission. That accrued time is yours to do what you are allowed to do with it.


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