Legal Question in Medical Leave in Indiana

Can my company take all my vacation days when I run out of fmla leave?

I was told by my company that I had used up all of my fmla hours, so they would start taking my vacation days for time not worked. I have been working 8 hour shifts due to doctor's orders, but the company has been working 11 hour's a day. So they are taking the dofference in the hours and using them against me, when they add upto 8 hours then they take another vacation day. And soon I will be out of attendence points and then they will fire me. Can they do this?


Asked on 7/21/03, 8:55 pm

1 Answer from Attorneys

Kenneth Lauter Kenneth E. Lauter, PC

Re: Can my company take all my vacation days when I run out of fmla leave?

If you have already used your 12 weeks FMLA eligible leave, then the FMLA probably drops out of the picture and you are left at the mercy of Company policy and practice. If using your vacation time under these circumstances is consistent with Company policy and practice, then you likely have no recourse. Further questions? Feel free to contact me at 317-955-9500.

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Answered on 7/22/03, 9:37 am


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