Is it OK for my employer to use my sick days during pregnancy and subtract them from my maternity leave?

UPDATED: Sep 30, 2022

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Is it OK for my employer to use my sick days during pregnancy and subtract them from my maternity leave?

I am currently 13 weeks pregnant. I have told my employer I was pregnant at
6 weeks, because I was very sick. My doctor has diagnosed me with
hyperemesis and therefore I had to miss a lot of days. I offered to work from
home and my employer agreed, two days later he did not think it was a good
idea, he wanted me back in the office. Nothing was explained in our policy
manual so I had to ask him several times what I am entitled to when it comes
to my maternity leave. His response was that I have 480 hours of unpaid
leave according to the Florida Law, but he has subtracted the hours that I
called in sick in the beginning of my pregnancy, which have been 81 hours so
far. Is this rightful?

Asked on June 27, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, an employer may legally require employees to use their sick days for maternity or other health-related leave, including under federal law (e.g, the Family and Medical Leave Act). Of course, since this what those days are there for--so you are paid when you miss work for medical or health reasons--using them now isn't hurting you and ensures that you receive pay during this time.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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