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maternity leave question Ohio

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  • maternity leave question Ohio

    I took 6 weeks maternity leave from January 1, 2004 to mid-February. The way our small company figures out how much vacation time we get for the next year (in my case for 2005) they take all of our hours worked the previous year and divide by 52 (weeks) to get an average number of hours worked per week. I work 36 hours a week, but my earned vacation hours was only 32 because of my 6 weeks of no hours worked was part of the average. I was told I could not earn vacation time while I was off for maternity (which is unpaid). It states in our company handbook that we get 1 week paid vacation after 1 year (I've been there 2 years), but I did not get 1 full week of paid vacation. Can I be penalized this way?

  • #2
    I agree & you took kind of long to bring up this question re vacation for 2005.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


    • #3
      But, assuming the employer is subject to the Pregnancy Discrimination Act, this would have been legal as long as other similarly situated employees who were on a medical leave of the same duration for nonpregnancy reasons were treated the same.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


      • #4
        maternity leave question in ohio

        I know it's been a while for me to bring up the subject, but I was trying to find out an answer, because there is another girl at the same company going through what I went through with this. However, there was another employee that took 3 unpaid vacation weeks (for fun only) last year that did not affect her earned vacation, so it seems that the pregnancy leave was being unfairly penalized against us when she should also have to go by these rules.


        • #5
          The person that took 3 weeks unpaid time (and of course it didn't affect her vacation, because it was unpaid) wasn't pregnant, right? So she was not "similarly situated" and was not on a medical leave either.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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