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

Answers:

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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