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Can I be charged vacation time for an ilness?

Sent to Legal Experts August 26 2007 at 6:01 PM
   

I am a General Manager (Salary $108K + bonus) of a Company in Wilmington Delaware with three divisions, representing 170 employees. I manage one of the divisions. Is it legal for the company to force me to use vacation time when I am out of work for two weeks and hospitalized for a condition that prohibited me from working? I am covered with short and long term disability, but this was too short of an absence for short term to kick in. I would appreciate your assistance with this matter. My real question is are exempt salaried/exempt employees required to account for each day they might miss because of doctors appointments, or illnesses by using their vacation time?
Sincerely,
Bob

 

Optional Information:
Kennett Square, Pennsylvania

Already Tried:
Nothing, I am just trying to find out if it's legal

Customer (name blocked for privacy)
Status:  Closed   Value: $30
Answer
August 26 2007 at 6:16 PM (15 minutes and 41 seconds later)
         
ACCEPTEDCheck Mark

Dear Customer (name blocked for privacy)

Yes. Such policy can be established by a company. First, keep in mind, that no employer is required to offer benefits of sick or vacation days - when a company does and they pay for those days, these are benefits (Not required by the US Dept of Labor). Therefore, if the company policy is once your sick days are used you must then go to your vacation days, that is legal. Once your vacation days have been used and if you still need to be out of work, your employer must allow you the time under the Family Leave Medical Act; however, this is not paid time. You can read more on FLMA HERE

 

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Edited by Michelle on August 26 2007 at 6:25 PM
Michelle -- Paralegal -- 100% Positive Feedback on 3325 Legal Accepts
31 years of experience in criminal, real estate, juvenile and family law
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