Legal Question in Medical Leave in Indiana

Can they take away our vacation pay when we take FMLA?

My company says they can take away our vacation pay when we take paid family medical leave for our own serious conditions. In my case I had cancer, I was on paid leave l0-23-01 to 01-02-02 so they took 32 vacation hours from me. I have been with the compay for 21 years and have never been absent for anything in all this time. They say that it leagle for them to do this. They have done it to others also. Who do I contact to make them pay us back our money?


Asked on 2/02/02, 5:25 pm

1 Answer from Attorneys
Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: Can they take away our vacation pay when we take FMLA?

Yes, a company may require employees to "use up or take" benefits such as vacation time or pay while on fmla. Mary

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Answered on 2/02/02, 11:07 pm


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