Can employer force an employee to exhaust all vacation/sick time during maternity leave before paying STD?
I am not sure if my company is in compliance with MMLA. My HR dept has explained our maternity leave policy as follows:
Employee may take up to 8 weeks paid for maternity leave, and another 4 unpaid under FMLA for a total of 12 weeks. First, the employee must surrender all vacation and sick time for the year (not just what has been accrued) at the beginning of the leave. So for example, each year i have 2 weeks vacation time, and 2 weeks sick time...this is accrued monthly 6.67 hrs/each. HR says that i must surrender all 4 weeks at the time of leave (due in March)- those 4 weeks will be paid at 100%, and the remaining 4 weeks will be paid 80% under the STD policy. It seems unfair that i am forced to give up time that hasn't even accrued yet. And once i return to work in June, i will have no sick or vacation time to use for the remainder of the year. Under the MMLA, are they allowed to do this? Or does the MMLA only apply to unpaid leave? If the short term disability policy says employee must exhaust all time, does that rule over MMLA?
Thanks!!
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Editor's Response
According to the Massachusetts Commission Against Discrimination website:
If maternity leave is unpaid, the employee must be permitted to use, concurrently with the maternity leave, accrued paid sick, vacation or personal time under the following circumstances.
However:
Employers cannot require an employee to use her accrued paid vacation or personal time concurrently with all or part of her maternity leave, even if such requirement is imposed upon similarly situated persons who take leave for other reasons.
Given this, I am suspicious of your employer's policy. For more detailed information, you may want to visit the Commission's Website (http://www.mass.gov/mcad) or call them at (617) 994-6000. For more information or to post a question, visit our Massachusetts Employment Law Discussion Forum.