Is it OK for my employer to use my sick days during pregnancy and subtract them from my maternity leave?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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