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Approved vacation canceled
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Approved vacation canceled
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I am a recruiter and have worked with my employer for 18 months. I got the flu in Sept/Oct and was out for 10 days. I used all my sick time and went negative. I was then diagnosed with the swine flu a
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Forums » Topic Forums » Legal Forum » Approved vacation canceled
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Approved vacation canceled
posted at 12/1/2009 8:43 AM EST
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Posts: 2
First: 12/1/2009 Last: 12/2/2009 |
I am a recruiter and have worked with my employer for 18 months. I got the flu in Sept/Oct and was out for 10 days. I used all my sick time and went negative. I was then diagnosed with the swine flu and then bronchitis on Nov 17th and was out of the office from the 17th through the 24th sick and already had an approved vacation day for the 25th. When I returned to work I was told immediately that because I was sick I would not be allowed bearevement time when my grandmother who is in hospice passes away and that my previously approved vacation days of Dec 28th and 29th are no longer approved. I booked plane tickets AND hotel reservation based on the approval of vacation time. My manager is aware that I have spent over $700 on the trip as a birthday present for my partner. My hotel reservations are non refundable and my plane tickets have a $150 change fee for each ticket. It will cost me $500 not to go on vacation. Is this legal? Is there anything I can do to fight this decision or get reimbursed for the money I will have to pay for not going on vacation? Please help, this vacation has been approved and booked for over a month.
BTW, she canceled my vacation and told me I am not authorized bearevement leave because she is mad at me, not because we are too busy for me to go anywhere. Thanks! |
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Approved vacation canceled
posted at 12/1/2009 9:43 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Nothing your employer has done as described in your post is illegal, and as a result, there is nothing you can do to "fight" this decision from a legal standpoint. You may continue to argue about it with your boss, but she isn't obliged to change the decision and in fact may legally fire you for belaboring the issue.
While I'm sure you don't like this answer, it is accurate and in no way intended to be rude to you. |
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Approved vacation canceled
posted at 12/1/2009 9:48 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Regardless of any of our personal opinions regarding the conduct of your employer they have not violated any law (unique loical law may trump that statement).
My advice when employers act in this manner and an internal grievance provides no satisfaction is to seek new employment. |
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Approved vacation canceled
posted at 12/2/2009 4:44 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
One caveat to what the other posters have stated --> Are you covered under FMLA for one or both of the instances of medical issues? If so, the employer should not be able to use that against you. But you would have to be able to prove that it was specific retaliation for taking that protected time.
However, employers do have the right to cancel vacations as long as they would have done the same for another employee who took time off for other reasons. So if she has done this to others who haven't taken FMLA, then yes, you are probably out of luck. Because she can state that it had nothing to do with FMLA. Unfortunately employees who miss a lot of time due to illness often use up all their PTO allotment just due to that. I know I did this year due to my daughter's medical issue. That means I won't get a holiday/vacation, but I don't view that as my employer's fault. Just the way the ball bounced this year. Is it really fair to expect the employer to grant even more time off? They have a business to run. Without them, there would be no job. |
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Approved vacation canceled
posted at 12/2/2009 4:58 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Rrupert your point could be spot on. However, the organization could have required the use of accrued time off benefits, as allowed under the FMLA, and simply then enforced an already existing policy regarding not being able to go into a negative balance for time off. |
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Approved vacation canceled
posted at 12/2/2009 7:45 AM EST
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Posts: 2
First: 12/1/2009 Last: 12/2/2009 |
They have not once offered me FMLA even though I qualified both times. I have not run out of vacation time. I still have enough time left to cover the 2 days I was taking off in between Christmas and New Years. She has never taken away vacation for anyone in the office. She made it clear that it was a punishment. Should I ask for FLMA paperwork and get it filled out? I still have bronchitis and am still on antibiotics and my doctor is worried about it turning into walking pneumonia. |
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Approved vacation canceled
posted at 12/2/2009 8:40 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Yes, I would ask for FMLA paperwork and document the date you received it vs dates that you have been out. And document any comments/times where she has led you to believe it was revoked due to you being out for those reasons alone.
I agree HRPro that if there is an existing policy of how timeoff is taken/requested/revoked, it could definitely fall into the totally legal category. But if there is a chance, I hate to not mention it. |
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Approved vacation canceled
posted at 12/22/2009 5:09 AM EST
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Posts: 21
First: 11/21/2006 Last: 7/7/2011 |
Just looking at this situation from a human standpoint, your employer said WHAT? She's mad at you for being sick? There must be more to this. Does she have reason to believe you were faking some of those illnesses? Unfortunately, your employer does have the right to revoke approved vacation time. The big questions is, why on earth would you want to continue to work for this company? |
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