Donation of Paid Time Off

[teemc13]

What is the name of your state (only U.S. law)? Florida

If an employer solicits donation of leave for a sick employee and donations are made and given to employee, can the employer reverse those donations? Employee is still sick and trying to manage a chronic condition and the donated leave was for the days she becomes ill on the meds. Employers reasoning was that they didn't think it would take so long for her to get better. Any advice?

 

[cyjeff]

I wouldn't touch this with a ten foot pole.

The employer solicits leave time... employees give from their heart... and now the employer wants to say, "Nope, we knew she was sick but not THIS sick... we are just going to kick her to the curb, instead."

Do you see the potential morale problem here?

 

[moburkes]

But I can't imagine it is illegal. I don't think the law addresses a donation of time, so I can't imagine it addresses taking it back...

 

[cyjeff]

Agreed.

To address the question directly, it is perfectly legal.

 

[pattytx]

So what are they trying to do, not pay the donated leave to the ill employee? Are they going to restore the donated leave to the donor?

Legal, yes. TERRIBLE for employee morale (for all employees involved)? Absolutely.

 

[HappyWanderer]

While it might be perfectly legal in an employment law context, in addition to being stupid from a morale standpoint, this seems like we can argue a simple breach of contract by the employer of which the sick employee can sue on as a third party beneficiary.

 

[teemc13]

Thanks for the input. The leave is going to be given back to the other employees but have no idea what formula will be used to determine who's leave was used and who's wasn't. It appears to me, now that the employee has no leave, this will be used as a means to begin to terminate the employee. It also appears that she has very little legal ground to fight back.
Thanks again.

 

[HappyWanderer]

Not from a firing standpoint, but from a monetary standpoint, maybe.