Legal Question in Medical Leave in New Jersey

Believe that supervisor is unlawfully doctoring employees time sheets

I am currently employed as a budget analyst for a government contracted agency. I was told that I was not permitted to take any Leave Without Pay and when I questioned it, I was verbally reprimanded by my supervisor and informed that this "a law" that he "implemented to prevent employees from abusing leave time". I have been employed with this company for 14 months in which there are currently 50+ employees. Can this law be applied to me even though I work on a government installation?? And can he "implement" his own "laws"?? I, among a substantial number of coworkers, do truthfully feel that something is definitely wrong.


Asked on 1/31/98, 1:52 am

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

FMLA Leave/Alteration of Employees' Time Sheets

The query does not state how the time sheets are being altered or how that is being used to deny leave under the Family Medical Leave Act. An employer may not avoid the requirements of the FMLA, however, by instituting its own policies regarding leave, nor may the employer attach conditions other than those provided under the FMLA and the regulations interpreting the Act. If you believe that the employer is denying leave in violation of the Act, then you should contact the Wage-Hour Division of the U.S. Departement of Labor to request an investigation. Although the query does not state the reason for which leave is being requested, you should be certain that you are entitled to leave and that the leave you are seeking is provided for under the Act.

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Answered on 2/05/98, 1:28 pm


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