Is it legal if my HR department said the time I’m off work for maternity leave doesn’t count towards my seniority ?

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Is it legal if my HR department said the time I’m off work for maternity leave doesn’t count towards my seniority ?

I work at a prison and they put me on medical leave/maternity leave until my baby is born in about 5 months. My HR department said the time I’m off work won’t count towards my seniority, even though technically once I go back I will be there for almost 2 years. HR also told me that,

Asked on June 19, 2017 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is perfectly legal: employers do NOT need to count for seniority, raises/promotions, benefits accrual, etc. any time that you have the job but are not actually working. So medical/family/etc. leave, vacation days, sick days, paid holidays, etc. do not count for any sort of accrual.


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