Can my employer revoke my unpaid personal leave after its started?

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Can my employer revoke my unpaid personal leave after its started?

My employer granted personal leave through the
third party company that handles our leave and it
was supposed to go from 7/26-9/27/2019 to care for
my 34 week preemie daughter. Now they are saying
that the third party who approved my leave made s
mistake and they want me to return to work next
week. I do not qualify for FMLA based on not enough
hours worked in the past year I am a part time
employee from a per drum employee but it took the
company 8 months to institute the change to my
employment status leaving me short as I would be
placed on-call for my per-dorm shifts

Asked on August 7, 2019 under Employment Labor Law, Washington

Answers:

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

Answered 1 year ago | Contributor

There is no right to unpaid leave no matter the reason. That is unless a worker is eligible for FMLA or such leave is permitted under the terms of an employment contract or union agreement. If not, then it is up to an employer's discretion whether or not to grant a worker leave. The fact is that in an at-will employment relationship, a company has the right to set the conditions of work much as it sees fit (absent some form of legally actionable discrimination).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If, as you say, you do not qualify for FMLA, then they can, unfortunately, revoke your leave. Other than FMLA, there is no right to unpaid leave or leave to care for a child: it is voluntary on your employer's part to let you have the leave. It being voluntary and you not having any enforceable right to the leave, they can change their mind and cut short or revoke your leave.


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