QUESTION
Will I loose my salary pay if i have to cut hours due to pregnancy?
Asked on Jul 01st, 2015 on Labor and Employment - North Carolina
More details to this question:
I am pregnant and due not qualify for FMLA until October. I am salaried at 40 hours a week and must be taken down to 32 hours due to complications in pregnancy. As of now they are docking my vacation time to make up for the 8 hours I cannot work. After that runs out in a month and a half what could they do? Is the taking of vacation time legal? What are my options until October? After October, they plan on docking my FMLA time , is that legal?
1 ANSWER
4 Awards
Employers are not required to provide vacation, but if they do, they can use whatever restrictions they want. In general, employers cannot reduce the salary of a salaried exempt employee for time missed from work except when the employee misses a whole day. Effectively, the employer is not required to accommodate your pregnancy unless it accommodates other medical or health conditions for non-pregnancy related matters.
Your employer is not required to allow you to have time off from work for your pregnancy if you are not eligible for FMLA. Once you become eligible, then the employer can deduct time away from work for your pregnancy from your FMLA allotment.
Answered on Jul 05th, 2015 at 10:31 AM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.