Is it legal if my HR department said the time I’m off work for maternity leave doesn’t count towards my seniority ?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal if my HR department said the time I’m off work for maternity leave doesn’t count towards my seniority ?

I work at a prison and they put me on medical leave/maternity leave until my baby is born in about 5 months. My HR department said the time I’m off work won’t count towards my seniority, even though technically once I go back I will be there for almost 2 years. HR also told me that,

Asked on June 19, 2017 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is perfectly legal: employers do NOT need to count for seniority, raises/promotions, benefits accrual, etc. any time that you have the job but are not actually working. So medical/family/etc. leave, vacation days, sick days, paid holidays, etc. do not count for any sort of accrual.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption