NJ Laws on sick days/maternity/vacation days issues

[NJCOUPLE]

I am very concerned on what the laws are for an employer to substitute paid sick days for vacation days? Since its just the beggining of the year and my wife has been charged for vacation days instead of official paid sick days. And the doctor even faxed paperwork for her time been sick. Was not this wrongful from the employer to do so? Their company policy states unlimited sick time ut we all understand there is no such thing everything has its own limits. But to do so at the beggining of the year for her first time being sick.


Issue number two is due to the pregnancy she has had to go to the doctor at least once a month due that they found a abnormal growth which might require surgery and they need to monitor. Wouldn't this be considerd a valid issue as it were a person that is ill? Just like a person with cancer that goes to chimo therapy. Since its a necessary check up that needs to be monitored it could be a life treathening issue for my wife and my unborn child. How would this affect her using sick days versus vacation days? Should she be charged also for vacation days?


Issue number three is that within another month or so she wil have to go at least once a week for her follow up tests to monitor the baby's health in the final months of pregnancy. Since its a regulation for the more frequent periodical check ups, what kind of adverse actions can the company take against her vacation days?


We don't see the need of the company taking all her vacation days to waste. What can be said or done? What time are we going to have for ourselves in the near future? When she goes in maternity leave I will be working not being able to take much vacation. I would like to be able to spend some time this year outside of her maternity leave with my first child and wife. There is not much to do during that period of time but for her to rest and nurture the baby.

Thank you in advance,

[slewis]

Stinks!!! After having 3 children myself I understand.

Since the employer does not have to offer paid sick days and vacation there is really nothing you can do. If she is salary it may be a different story. The only thing I can suggest is either schedule her appts. in the early mornings then go into work late or vice versa leave early go to the doctors in the early evening. Also have her check if they offer Sat. appts. as well. Also, if she is hourly maybe she could make up the hours she missed when going to work late or leaving early.

She should ask her dr. about the possibility of going on disability now rather then 4 weeks before the baby is due. She can only do this if the dr. signs off on it. Good luck!

[CurtJ.]

has she formally requested fmla leave? as far as issue number 2, it would appear that she would likely qualify for intermittent fmla leave, say once every two weeks or so, for check-ups or whatever. but, she has to claim fmla and provied the employer with notice (unless emergency) and maybe have to fill out employer mandated paperwork.

also, in nj, we have short term disability by law. and pregnancy qualifies as a disability, although the times for same are variable. I think the standard is like 3 weeks prior to due date and 4 weeks after, although not sure and also this can change depending on circumstances. if her doctor qualifies her for disability, then she should claim it and go out on disability.

good luck,

curt j.