Vacation hours being docked to repay Maternity leave in Nebraska is this legal?

[Stingsmom]

I work for a small project management firm in Omaha, Nebraska. I took off 6 weeks of Maternity leave. My employer, when asked what policy he had for maternity leave stated that we had no maternity leave (paid), but that he would work out something with me and asked me to propose what I wanted. (At this time I had been working average 45 hours per week and had been with the company almost 3 years). I told him that I had saved some vacation time, (110 hours), but would like at least 6 weeks total paid. He agreed to pay me, and did, and I returned after a difficult pregnancy after 6 weeks. However, my hours reflect negative for vacation time for the entire 6 weeks! (Over 350 hours now). I earn 4.5 hours of vacation every two weeks, and it is automatically sucked up by the hours I "owe". I work 45 hours per week still, and with a new baby cannot work more to "make up" time. (Husband is full time too). In turn, I am angry, stressed, and do not know what to do. regular life gets in the way and with Doctor's appt. etc. I am falling deeper into the "hole" My son is 10 mo. old now and I am still 350 hrs behind. If I am sick or would even like a day off, I have to make up that too. In turn I have not had a day off, other than being sick a few times, in 10 mo. I am looking for another job but I am afraid he will want to keep my last check to "pay back" what I "owe" the company. I feel like a servant. I have asked for the time to be corrected and have been ignored. What should I do??? (Incidentally, my employer treats everyone at our office differently depending on if you are male or female, childless or a parent etc. How do I know If I have a lawsuit?0

[LConnell]

You don't have a case, in my opinion. While your employer misled you, it would be difficult to prove without the situation documented in writing.

The only issue that I see is related to the statement you made about everyone being treated differently. Employers can treat people differently as long as the reason for the different treatment isn't the result of illegal discrimination or in violation of law. Keep in mind that small employers of under 15 employees are not covered by the federal law. Some states have their own anti-discrimination laws which bring that number lower. However, Nebraska isn't one of them. You can read more about federal anti-discrimination laws at: www.eeoc.gov.