What to do if my vacation was withheld for the last 6 month because I used FMLA?

My employer changed vacation policy to be prorated based on average hours worked in a 6 month time The reason was because I was off work for surgery and on approved fmla. Is it legal to withhold vacation benefits because of FMLA?

Asked on August 1, 2012 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Employers do not need to let employees accrue or earn vacation time while they are out  on unpaid FMLA leave (or other leave; or vacation; or suspended; etc.). It is legal to only earn vacation days for time actually worked, however the employer chooses to operationalize or put that policy into effect.

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