Employer dictates how vacation may be spent.

[NaomiH]

What is the name of your state (only U.S. law)? Texas
I have two days of sick leave available. I must have outpatient surgery to remove diseased gallbladder. My employer says my accumulated vacation cannot be used to have and recuperate from surgery. At this point, I have received permission to take a week vacation from Monday thru Friday. I have scheduled my surgery on the Friday before and will call in sick that day. After awhile, certainly they will discover what I did from my insurance claim filing. Do they have a legal right to dictate how I can spend my vacation? Thanks!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas
I have two days of sick leave available. I must have outpatient surgery to remove diseased gallbladder. My employer says my accumulated vacation cannot be used to have and recuperate from surgery. At this point, I have received permission to take a week vacation from Monday thru Friday. I have scheduled my surgery on the Friday before and will call in sick that day. After awhile, certainly they will discover what I did from my insurance claim filing. Do they have a legal right to dictate how I can spend my vacation? Thanks!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

HOW...no.

WHEN...absolutely yes

 

[justalayman]

so, do you know what FMLA is? Do you know if it is applicable in your situation?

If so, you should apply for FMLA leave rather than being dodgy about this. That way they can't fire you for taking leave and they can apply your vacation time if they want. To me, it would seem it would be beneficial for them to do so because they could not prevent you from taking the time off but by paying out your vacation time, you would not be able to take vacation time later.

They have you until you have earned more vacation time.

 

[Betty]

Does FMLA apply as justalayman asked?

Have you worked for a covered employer for at least 12 months (do not have to be consecutive)?

Have you worked at least 1250 hrs. for the employer in the 12 months immediately preceding the leave?

Do you work at a location with 50 or more employees within a 75-mile radius?

Thanks.

(FMLA is unpd. job protected leave up to 12 wks. within every 12 mo. FMLA period.)