What to do if my vacation was withheld for the last 6 month because I used FMLA?
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What to do if my vacation was withheld for the last 6 month because I used FMLA?
My employer changed vacation policy to be prorated based on average hours worked in a 6 month time The reason was because I was off work for surgery and on approved fmla. Is it legal to withhold vacation benefits because of FMLA?
Asked on August 1, 2012 under Employment Labor Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Employers do not need to let employees accrue or earn vacation time while they are out on unpaid FMLA leave (or other leave; or vacation; or suspended; etc.). It is legal to only earn vacation days for time actually worked, however the employer chooses to operationalize or put that policy into effect.
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