Leave from work for medical emergency for wife

My wife had a miscarriage that required surgical procedure my employer threatened my job when I requested time off also sice my time off they have failed to pay me my leave time i have 122 hours of paid time off accumulated and I am still trying to collect unpaid wages from last year and i have filed a hostile work environment complaint against my manager for constantly targeting me which was completely ignored.

Asked on March 19, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You could use unpaid FMLA leave for your wife's medical procedure, assuming your company is covered by FMLA (at least 50 employees located within a 75-mile radius) and you are eligible for it (worked there at least a year; worked at least 1,250 hours in the past 12 months). If, per the above, FMLA is available to you, they can't stop you from using it: it would be against the law, and you could file a complaint with the department of labor.
You should also be able to use PTO you have earned for your wife's medical care; and the employer may not deny you use of PTO which you earned, since to do so is to deny you part of the compensation which they agreed to pay you and which you worked for. You could potentially take legal action (or contact the dept. of labor to file a complaint) if they denied you use of PTO you had accrued.
It is not clear what you mean by "they have failed to pay me my leave time; I have 122 hours of PTO accumulated." You do not state clearly in your question whether you are still working there are not. If you are still employed by them, they do not need to pay you for accumulated but unused PTO. If you are no longer employed by them, they did have to pay you your unused but accrued PTO, subject only to any written policies they'd had in place capping or limiting the amount of days you can hold accumulate. If you were not paid for this time, you could sue the employer for the money you are owed.


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