Legal Question in Civil Rights Law in District of Columbia

Can a nonprofit organization take away employee annual leave

The organization I work for supposedly revised section 310 in our policy and procedure handbook. However, my co-workers are greatly concern. It seems that when the weather is bad due to snow etc and the department decides to close it's adult's living with disabilties program that staff can either work in the group home (MRDDA) or lose their annual leave. Which they appear to be trying to strong arm their staff to work in a group home in order to get paid for that day or week. However, long the day program is closed. Question just how legal is that for the employee who don't have annual? And couldn't the employer ask staff what leave they wanted to use? Like Sick?


Asked on 2/22/04, 4:41 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Can a nonprofit organization take away employee annual leave

An employer may change its leave policies as long as there is no contract preventing it, and the leave policies are not discriminatory against disabled employees or other protected groups.

Your question is a bit unclear, but it sounds like the new employer policy is that employees must either use vacation time on snow days, work elsewhere, or take time off without pay if they can not come to work and do not have vacation time available. That is perfectly legal (and reasonable, too). All employees should keep some vacation time available for emergency time off needed due to weather-related problems, car problems, family illness, personal illnesses when sick leave is exhausted, etc.

Also, there is no need for the employer to allow sick time to be used for snow days as that is for illness, not personal leave. (Some employers allow it, but it is not required.)

Since snow emergencies are not that common in the DC area, I recommend that you not get too hung up on this issue. However, if you are unhappy with the employer for other reasons as well, then perhaps you should give some thought to testing the job market for another position.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 2/23/04, 10:42 am


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