Legal Question in Employment Law in New York

Non Paid Vacation

I recently went on vacation after 13 months of consecutive work, my employer authorized this time off without paid (I had used all my days due to my mothers sickness) I went overseas with my mother and she has a stroke wich prevent me from coming back in 2 as planned, my mother had a bad cerebrovascular accident and was hospitalized, etc., so I needed a few days t�ll she got stabilize and we came back to the states. Now my employer gave me a writing warning for those extra days that I've taken during an emergency, which by definition is something sudden and unforseen; plus they didn't pay me a cent, I do not owe my company a penny, the vacations were authorized...this situation is not contemplated in their ''employee manual/policies and procedures'' and I have not had any experience on this nor do I know how to rebuttal...help


Asked on 5/17/07, 9:30 pm

1 Answer from Attorneys
Graig Zappia Tully Rinckey PLLC

Re: Non Paid Vacation

Depending upon how many employees are in your company, your leave time to care for your mother may qualify as protected leave under the Family and Medical Leave Act ("FMLA"). Based upon the facts above, and if your employer is big enough, under the FMLA, while your employer may not have to compensate you for that time off, you should not have been reprimanded. If you would like to discuss this further, feel free to email me. Thanks for the question.

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Answered on 5/18/07, 8:07 am


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