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Prego
01-30-2006, 02:01 PM
I have been working for my employer for a year and some months now, I am about to go on maternity leave and my employer is asking me to go from Full time to part time the month before I leave on maternity leave and doesnt know if I will return on full time when I come back because of production at work has slowed down because he hired me an asst to do my work while I am gone. Is this legal?
Also I have accured vacation and sick pay that I am using for Maternity pay while I am gone but I think he is not trying to pay me my vacation because he is making me part-time employee and they do not get vacation pay. Full time employees automatically get vacation pay the first day. Is this legal?
I live in VA, is there some law under FMLA for employers that only have under 10 employees that can help?
He is also trying to turn employees against me so I will quit before I go on maternity leave so he doesnt pay me my vacation or sick pay, what can I do?

cbg
01-30-2006, 02:25 PM
I'm sorry, but there is no law in VA that requires he provide you with any leave time at all. If you do not qualify for FMLA because the company is too small, you do not have any mandated right to leave at all, paid or unpaid.

Since your employer has less than 15 employees, Federal discrimination laws do not apply to you. In your state, state discrimination laws apply to all employees. However, it is not illegal for him to ask you to go part time due to production having slowed down; it is not illegal for him to require you to use vacation or sick time and it is not illegal for him to reduce or eliminate your vacation accrual if part time employees do not get vacation.

The only way any of this is illegal is if you can show valid evidence that a similarly situated employee who was taking leave for non-maternity reasons would not be required to do any of these things in the same circumstances.

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