Is it legal for my employer not to pay me for 4 To 6 weeks off for surgery when I’m a salaried employee

I’m in the state of Kansas, I work for 2
Attorneys, small business only one other
employee, I am a salaried employee, I have
been there for 5 and a 1/2 years, We have no
sort of set policies in place anytime I never
asked about Sick time or anything like that I
get told we will deal with that when the time
comes but now that the time is here they
don’t wanna pay me is that legal

Asked on March 11, 2019 under Employment Labor Law, Kansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The fact is that there is no legal right to be paid if you are not working. With a few exceptions, there is no mandatory sick time. The FMLA (Family Medical Leave Act) gives workers the right to 12 weeks leave (unpaid). Unfortunatley, your company is too small, so the FMLA does not apply. Accordingly, you have no claim here. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, it is 100% legal. 
There no right to be paid for not working, even if you're not working due to surgery: the law in this country does not provide for paid medical leave. The law does not make employers pay you for not working. At best, IF your company is covered the Family and Medical Leave Act, you'd have a right to 12 weeks of unpaid leave--but your company is not: it is far too small to be covered. Therefore, you don't even have a right to unpaid leave; your employer terminate you if you miss more work for any reason than you have paid time off which you have earned (e.g. sick or vacation days) to cover. If your company lets you take any unpaid sick leave, it is voluntary on their part, and again, they do no have to pay you when you are not working.

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