Paystub issues

[mugglebornmom]

What is the name of your state (only U.S. law)? Missouri
I worked part time at Club Fitness in the daycare, on average 20 hours per week for almost a year, I had direct deposit. I needed to take FMLA to take care of my dying mother. This was all cleared through my manager, he promised I would still have my job after she died...apparently he's a liar. Irregardless of all of this, I wanted to pick up my last 3 paystubs but they have disappeared. No explanation. Can they legally not give them to me? No one can tell me where they are and I wonder if they didn't end up in the dumpster with my personal information on them. Do I have an legal recourse against them? What can I do?

[mlane58]

Well, let me address your first statement---You didn't qualify for FMLA as you only worked 20 hrs a week (you need to have worked 1,250 hrs in the last year) and had not been there a year (you need to have been employed at least a year to qualify). As to the paystubs; In MO, at least once a month an employer is required to furnish employees a statement of deductions as part of a check or in a separate document. If an employee does not receive a statement of deductions, private legal action would need to be taken.

[mugglebornmom]

Thanks for your quick reply. I knew I didn't have enough hours in for any recourse on the FMLA, it's a shame there is no protection for part time workers. And to think I'd have to take private legal action and pay a lawyer when I'm not working....just for 3 paystubs? But at least I know the answer now, thank you.

[cbg]

Just to clarify; the eligibility rules for FMLA are set by Federal law. Your manager CANNOT legally approve FMLA if you do not meet the eligibility criteria. He can approve company-sponsored leave, but it does not come with the job protections that FMLA does unless the company chooses to provide it.