Termination

[mskeg]

What is the name of your state? New York

I was recently let go from my job. Two weeks previous to that the company issued new handbooks with many changes. One change was PTO (paid time off). Now the company is given me the option of signing a document for a severance package, which I understand they don't have to.

My question is, under the old handbook the company had vacation time and sick leave. In November of last year I was switched from a salary pay to an hourly pay. I lost my sick leave but my vacation leave, as I understand, was still in place until the new handbook was issued. When I read the new handbook I had questions, so as of my termination date, I had not signed any kind of acceptance form for the new handbook. Does vacation time have to be paid to you? Where would I fall under the new or old handbook rules?

Does any employer have to completely explain any federal laws to its employee's? As I understand the FMLA act has to be completely explained, not partially.

 

[moburkes]

No, they don't have to explain federal laws. If their policy is to pay upon termination, then they are required to pay. If they changed their policy, then the new one is the one you follow.
Nothing in your post references FMLA, except the last sentence. What are you talking about?

 

[mskeg]

They include the FMLA in the handbook, but not explained in whole. When I asked them to explain what "serious condition" consisted of, they said they didn't want to put it in the explination because they didn't want to write a 600 page book. It was not necessary to completely explain what "serious conition" consisted of.

No, they don't have to explain federal laws. If their policy is to pay upon termination, then they are required to pay. If they changed their policy, then the new one is the one you follow.
Nothing in your post references FMLA, except the last sentence. What are you talking about?

 

[cbg]

They do not have to put a full and complete explanation of any law, including FMLA, into the handbook, and the reason they gave is a valid one. If you had had a condition that qualified under FMLA, that would have been plenty of time to explain it to you.

Whether you signed the new handbook or not is immaterial. You are still subject to it.

 

[moburkes]

They include the FMLA in the handbook, but not explained in whole. When I asked them to explain what "serious condition" consisted of, they said they didn't want to put it in the explination because they didn't want to write a 600 page book. It was not necessary to completely explain what "serious conition" consisted of.

Your employer doesn't get to defind serious condition. That is between your doctors and the government, not your employer.

 

[mskeg]

Great, thanks for the comments! I understand now. Although I guess I should have been told about the FMLA when I had surgery and was out for almost a month. Next time I'll pay more attention. Peace ya'll.

Your employer doesn't get to defind serious condition. That is between your doctors and the government, not your employer.

 

[Beth3]

Great, thanks for the comments! I understand now. Although I guess I should have been told about the FMLA when I had surgery and was out for almost a month. If they extended the leave time to you and reinstated you to your prior position when you returned, then whether they told you about the FMLA or you knew anything about it doesn't matter.

 

[mskeg]

What I was trying to say was I was never notified and the employer never even had a post up about the FMLA act until recently. It's something they should have had posted. That's why it's a law. "Every employer covered by the FMLA is required to post and keep
posted on its premises, in conspicuous places where employees are
employed, whether or not it has any ``eligible'' employees, a notice
explaining the Act's provisions and providing information concerning the
procedures for filing complaints of violations of the Act with the Wage
and Hour Division". If I would have known it was a voilation if it was not posted than I would have had them take care of it and they did have a poster rolled up and stored away. It was something that was never offered to me and because I was never offered it I had to take it without pay. In short, they never even gave or explained to me my opinion of coverage before hand, they just assumed that I would know and told me it was my responsibility to notify them. Two days before I was to leave was when I found out that my vacation time was going to be used and I told them no, I'll take it without pay. I was very uninformed of my options.

Great, thanks for the comments! I understand now. Although I guess I should have been told about the FMLA when I had surgery and was out for almost a month. If they extended the leave time to you and reinstated you to your prior position when you returned, then whether they told you about the FMLA or you knew anything about it doesn't matter.

 

[moburkes]

FMLA has nothing to do with whether or not you get paid for that time off.

 

[mskeg]

Yes I know that. You are entitled to 12 week of unpaid leave, but I didn't want them to assume that I was using my vacation and was never told about being able to file for disability either. All I'm saying is that, it would have been nice to be informed of the law in order to know what options, paid or unpaid, I was entitled to, because if I didn't know, than no one knew and what if someone elese fell into that entitlement. They still would have told them it was their responsibility to know. Thanks for the comments. Peace out!

FMLA has nothing to do with whether or not you get paid for that time off.

 

[Zigner]

Yes I know that. You are entitled to 12 week of unpaid leave, but I didn't want them to assume that I was using my vacation and was never told about being able to file for disability either. All I'm saying is that, it would have been nice to be informed of the law in order to know what options, paid or unpaid, I was entitled to, because if I didn't know, than no one knew and what if someone elese fell into that entitlement. They still would have told them it was their responsibility to know. Thanks for the comments. Peace out!

Either the employee or the employer may choose to substitute paid vacation or personal time for FMLA leave. Did you receive pay while you were out?