Disparity of treatment

UPDATED: Oct 1, 2022

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Disparity of treatment

Myself and another employee
have approved intermittent
FMLA. Both of us are good
employees in the same
position with great work
records, but our paid leave
balances are exhausted. Our
employer allows the other
employee a flexable work
schedule as needed so not
to incrue unpaid leave. I
requested the same and was
denied. Forcing me to use
unpaid leave which lowers
my pay and reduces my leave
accruals. Other than being
unethical,is there a law
violation in this scenerio?

Asked on September 20, 2017 under Employment Labor Law, Michigan


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

Answered 5 years ago | Contributor

Is your treatment due to some form of legally actionable discrimination? In other words, it it because of your race, religion, age (over 40), nationality, disability, gender or the like? If nt, then it is legal. Otherwise, the fact is that not all employees need be treated the same or even fairly. Bottom line, a company can set the conditions of work much as it sees fit unless it violates the terms of a union agreement or employment contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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