Due to a pregnancy scare I was taken off work and put on bed rest for a week and a half. I received something in the mail from my employer that stated my sick time was exausted and now I was being placed on a Medical Leave of Absence that I would not be paid for. They then advised me to contact the EDD and apply for SDI but according to the information they provided me with I will not be paid for the 1st week of my time off. Can they really do this and shouldn't they have called me or let me know sooner (considering they have no problems calling me for questions on work when I'm off but can't call for this).
2006-09-24 14:36:25 · 8 answers · asked by Monika P 1 in Business & Finance ➔ Careers & Employment
its called the withold week and they did it too me too for matt.leave. they wont pay u for it
2006-09-24 14:38:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It's your responsibility to keep track of your allowed "Sick Leave" time and vacation time. You can't assume that your employer is going to know off the bat what every employee's exact status. Obviously after they researched this they discovered that you had used up your "sick leave". They are NOT required to pay you if you are taking time off over and above your vacation time and sick leave.
.. Regarding the calling you with questions ... what do you expect them to do...they were left in the lurch with your emergency .. they are trying to run their business without you.... be thankful that they are working with you and have put you on Medical Leave of Absence ...which means that they are planning to take you back when you return ... a LOT of employers would just replace you..period! In the USA it is "employment at will" ..which means they often can let you go for whatever reason ...
"The Family and Medical Leave Act " only applies to employers who have 50 or more employees.
A Synopsis of Law is as follows:
"Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition. "
Here is the link: http://www.dol.gov/esa/whd/fmla/
Keep in mind thus is UNPAID LEAVE. Also, if you company has less than 50 employees they could let you go, so I suggest you don't make too many waves... from the sounds of it they are planning to have you come back, so work with them and help in whatever way you can...
Even if they have more than 50 employees they could try and find a reason to get rid of you so be careful if you care about this job. Did they know you were pregnant? Be co-operative and help them as much as you can so that they regard you as a valuable employee .. they will not get rid of valuable employees..
Good Luck!
2006-09-24 22:10:07 · answer #2 · answered by MeInUSA 5 · 1⤊ 0⤋
Sure they can. If you used up your sick leave they are not obligated to pay you. But I thought SDI paid for the first week. Maybe not. Check with them. Your employer may not have the right information. They are just people and are not obligated to know everything.
2006-09-24 21:41:19 · answer #3 · answered by taurus 4 · 0⤊ 0⤋
SDI does not pay for the first week off, they consider it a "waiting period" its stupid, but its how the system works.
Its stupid that your work did not call you, but its not illegal. Maybe this is a good time to re-think your employment options
2006-09-24 21:39:06 · answer #4 · answered by parental unit 7 · 0⤊ 0⤋
As MelnUSA said above, FLMA (if you are eligible for) can be unpaid. Also note, this time that you are off now will take away from your 12 weeks later. So right now, you will only have 10 ½ weeks once you deliver.
Good Luck
2006-09-24 22:42:58 · answer #5 · answered by Keven P 2 · 0⤊ 0⤋
It was your responsibility to check with you human resources director before this occurred or at least during the first week of your illness....
2006-09-24 21:44:30 · answer #6 · answered by miatalise12560 6 · 0⤊ 0⤋
I dont think they can. Your pregnant. They can't not pay you because of your need as a pregnant woman. Or at least I dont think so.
2006-09-24 21:39:05 · answer #7 · answered by dotbrie 4 · 0⤊ 1⤋
yes they can........... suggest you follow your boss's suggestion........
2006-09-24 22:22:53 · answer #8 · answered by churchonthewayseniors 6 · 0⤊ 0⤋