Legal Question in Medical Leave in Nebraska

Must an employee take UNPAID leave if they have "sick leave" available?

I had worked for a local cable co. for 8.5 years and had accumulated over 12 weeks of sick leave. During my pregnancy I was told I would be using my "sick bank" for my maternity leave since there was no Maternity Policy. I was also told this by letter when my daughter was born. Then 1 week later I received another letter stating they were wrong, I could only use 4-6 weeks of my sick leave for this. My paychecks stopped when the Dr. released me to go back to work. Is it legal to do this? I gave my notice, and did not return after my 12 weeks of leave mainly because of the way they handled this.


Asked on 11/10/97, 10:23 am

1 Answer from Attorneys
Luther Sutter Harrill & Sutter

FMLA leave is unpaid leave

FMLA is unpaid leave, meaning that the law does not require the employer to pay you. I do not see a federal FMLA claim here, but you may have other state or federal claims. I am not licensed in your state, but I suggest you contact a local lawyerto discuss a Pregnancy Discrimination Claim, if other employees received 12 weeks of paid leave. Please understand this is not legal advice, but is given for the purpose of discussion only. You should have a personal interview with a lawyer licensed in your state to obtain legal advice.

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Answered on 11/10/97, 7:16 pm


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