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Forced useing of sick time and vacation Illinois for hospital stay

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  • Forced useing of sick time and vacation Illinois for hospital stay

    When I left work for a surgury that I ended up being off work for 60 days. (my employer) started to use my sick time and vacation time to cover my normal work hours. When I found out they were doing that I informed the store to stop useing my time. For two pay periods the refused and still redeemed my vacation. I had checked with corporate office and they informed my that being of a medical leave the store was not required to redeeme my vacation hours. When I returned to work I was then put on a medical leave and removed the same day. They back dated the start date and handed me my medical leave paper work information. I was part time under doctors orders for 10 ten days I needed to return full time as expences were building and i needed to have a full pay check. Due to an early return to full time I developed a herina and with the ostomoy bag it has caused great pain and discomfort. I then found out my short term disability would cover me working part time. I was deprived of that information. I requested refunding the 160 hours that I told them not to use as it was not company policy. My HR and Reginal HR both refused to return the 160 hours back to me. Yes i was paid the money every paycheck. I had about 400 to 450 hours on the books, when I returned I had 33 hours left of vacation. I was deprived of my rights and the store refused to honor my request not to use my vacation time. Is there laws that can be used to force (the employer) to review my concerns
    Last edited by cbg; 06-03-2011, 05:53 AM.

  • #2
    Was this leave covered under FMLA?


    • #3
      The federal Family and Leave Act allows your employer to require you to used paid sick time and vacation time while you're on leave. If the FMLA doesn't apply, it doesn't matter. Nothing in the law requires your employer not to use any paid time off you have available.


      • #4
        Forced use of vacation and sick time is legal. Your employer did nothing illegal - there is no law you can invoke to force them to give you your time back.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


        • #5
          Sorry but that is why employers offer paid leave. It is supposed to cover your pay when you are unable to be at work. None of your rights were violated and there was nothing illegal or even improper that occurred. You were off work and your employer paid you using time you had accrued. That is how it is supposed to work. STD is what you use to receive some income when you do not have leave to cover your absence.

          If your doctor released you to FT when you should not have been working FT, I would be taking that up with my doctor. Your employer didn't release you to work; the doctor did.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.