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can an employer force you to take pay for FML? Washington

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  • can an employer force you to take pay for FML? Washington

    I recently had surgery and was out of work for a month. I wanted to just take FML unpaid but my employer insisted on paying me and contiued to direct deposit my pay checks after I clearly said I wanted unpaid leave. Now that I have returned to work they are makeing slave to makeup 160 hrs of work they have denied me in taken any sick days vacation days paid or unpaid till the time is maid up. It is my daughters birthday next month and I wanted to fly out to see her I had this day requested off previous to my surgery they told me if I take a day off I will be terminated. I feel my employer has put undo burden on my and has enslaved me in debt and created a hostile work enviroment. Is this illeagle what can I do?

  • cbg
    replied
    Just to be clear, the employer ABSOLUTELY may require you to take paid leave instead of unpaid. That is 100% legal.

    IF there is any illegality here, it is NOT in requiring that you take paid leave, but in how they are going about the potential repayment.

    Leave a comment:


  • GotSmart
    replied
    It would also help if you describe your job duties. (No company names please.)

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  • TSCompliance
    replied
    Are you exempt or non-exempt?
    If non, you must be paid for all time worked.

    But the part about being fired if you take one more day off is fine, if you've exhausted all your FML.

    Why don't you start over and explain what actually happened, and use periods, paragraphs, and commas where appropriate, and maybe we'll understand more clearly what is happening. This is like pulling teeth.

    Leave a comment:


  • Pattymd
    replied
    No, they cannot require that.

    Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.
    http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

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  • terryt
    replied
    reply

    they arent paying me at all I am working ten hrs off overtime a week for free to pay back the 160hrs

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  • Pattymd
    replied
    I'm not clear, either.

    Are they saying that they will not pay you your overtime pay until you work the number of OT hours to equal what PTO they paid you?

    Leave a comment:


  • terryt
    replied
    corection

    I have been working 10 hrs of free OT for 9 straight weeks I have seven weeks to go. what brought this situation to ahead is that I had requested this day off prior to them stakeing this claim on me. Now I learned that I cant take this day off or I will be fired even tho I have this years PTO vacation and sick days but Im being forced to work this time off without a single day off paid or unpaid sick or personal day

    Leave a comment:


  • terryt
    replied
    reply

    So basicly I have to work 160 hrs of free overtime to pay back the debt they forced upon me. Ive been working ten hrs a week extra for free over a 16 week period. and I cant take a single day off untill the time is made up or I will be fired

    Leave a comment:


  • terryt
    replied
    reply

    they are makeing me work for free to pay back in an OT situation the 160 hrs they paid me for when I wanted to take FML they will not let me use this years PTO to pay down last years debt they will not let me pay it back in cash or I would so I can Take a day off for my daughter B-day

    Leave a comment:


  • TSCompliance
    replied
    Are they saying you owe them MONEY, or they just let you go into the negative on PTO. You were not very clear.

    If they just let your PTO go into the negative, I still maintain that this was nice of them. You've taken all your accrued PTO and exhausted FML, so if you took another day off from any job, you could be termed. It sounds like all they did was let you go to -160 hrs in PTO, and you can't take time off till you get it back into the positive.

    If they are trying to get money out of you, that's a different story, but you didn't say that. The others here know the laws on taking money from an employee who owes a debt. If you had money in savings and they paid you money you did not need, why not just write them a check and give it back?

    How are they "forcing" you to work extra time? Are you exempt or non-exempt? If you're non-exempt, you should be getting paid for all those extra hours. Are you trying to say they have you working 160 hours for free?

    Again, to me it just sounded like they had you go 160 hours in the hole on PTO and they want you to make it back up. If this was the case, they have gone above & beyond for you.

    And they didn't "deny" you FML, you had the time off, and you still had a job there when you returned. That's FML. They simply chose to pay you while out on FML.
    Last edited by TSCompliance; 02-09-2011, 01:37 PM.

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  • terryt
    replied
    reply

    No it isnt a good deed. I have money in the bank to support myself. I told my employer I wanted unpaid leave so I could heal and recover at my own pace and know every day Im at home healing im not getting into 250 bucks a day in debt to my employer. My cost of liveing is far less than 250 a day so I would have saved alot more time and money being unpaid

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  • TSCompliance
    replied
    They paid you for not working, when you would not have qualified for UI---in any state. You would have had NO INCOME. Keeping money coming in (and food on your table) when they had no obligation to do so isn't a good deed?
    Last edited by TSCompliance; 02-09-2011, 01:16 PM.

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  • terryt
    replied
    to TS compliance

    How is that a good deed? I wanted unpaid leave so I wouldnt be in debt to them "Never a lender or borrower be" Now instead of working my 40 hrs a week im working 50 and incase you didnt read the post my health isnt 100% so tell me how this is helping me and a good deed?

    Leave a comment:


  • terryt
    replied
    reply

    maybe not in your state. but that isnt the point. Im asking if an employer can deny you FML and Hold you in debt for the hrs missed. I had no sick days no vacation days for them to use. they carried the time debt over to this year they will not let me use this years sick or vacation days to pay the debt they are forceing me to work a hr later a day and come in for 4 or 5 hrs every sat or sunday and they said if I call in sick or use a vacation day I will be fired is this legal

    Leave a comment:

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