Legal Question in Medical Leave in Oklahoma

Maternity Leave

My question surrounds Maternity Leave and the FMLA for OK. My wife's employeer is forcing her to take all of her Vacation and Sick Days (4 weeks total) during maternity leave and leaving 2 weeks unpaid. Can they force her to take this personal time, which leaves her with no VC or Sick time paid available for the rest of the year. Is there a policy around this?

Thank You


Asked on 12/19/06, 2:32 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Maternity Leave

Under the terms of the Family and Medical Leave Act, an employer can force the employee to run any paid leave time concurrently with the unpaid FMLA leave time. While it does take away from your wife's paid leave time, it does allow her otherwise necessary leave to be paid instead of unpaid.

If you have more questions about the FMLA you can contact me at [email protected] or check out my website, www.memphisemploymentlawyer.net.

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Answered on 12/19/06, 9:49 pm


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