Legal Question in Employment Law in Texas

Personal Leave vs. Sick Leave

I work for the largest retail chain known. I have 88 hrs. vacation, 169 hrs. sick, and 300 hrs. personal time accrued. I recently requested personal time for personal family problems and was told that my District Mgr would not approve it because it would cause a business hardship. She would approve anything over 1 week. I am taking this 1 week off, but she is requiring me to exhaust my vacation hrs first. Is what they are doing right? Would I have to go to a Dr. to get him to sign a LOA form so I can take Sick leave instead? I am beyond stressed!


Asked on 12/31/07, 4:10 pm

1 Answer from Attorneys
Kell Simon Ross Law, P.C.

Re: Personal Leave vs. Sick Leave

If you are taking leave because of your own medical condition or the medical condition of a family member, you could be entitled to up to 12 weeks of leave under the Family and Medical Leave Act. The company would not be required to pay you for that time, but you might be able to use your accrued leave. I would be glad to discuss these issues further with you if you are interested.

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Answered on 12/31/07, 5:17 pm


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