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Nuscca
Guest
What is the name of your state? Florida
Can my employer force me to use Annual Leave during my suspension?
Can my employer force me to use Annual Leave during my suspension?
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Nuscca
Guest
Use of annual leave during Diciplinary action
Yes, I was asking if there were laws prohibiting this. Thank you for responding.
If our company handbook indicates that accrued leave can be used as the employee determines AND does not indicate in the discipline section that I must use my accrued leave for suspension, is it a reasonable arguement that I don't have to use accrued leave for the disciplinary action?
Yes, I was asking if there were laws prohibiting this. Thank you for responding.
If our company handbook indicates that accrued leave can be used as the employee determines AND does not indicate in the discipline section that I must use my accrued leave for suspension, is it a reasonable arguement that I don't have to use accrued leave for the disciplinary action?
Sure, you can argue that point with your employer but an employee handbook is not a legally binding document. It's a set of voluntary policies/guidelines an employer has elected to compile. They may still require you to take your paid leave during a suspension regardless of whether it's mentioned in the handbook.
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Nuscca
Guest
Thank You
Thank you for your response.
Thank you for your response.
cbg
I'm a Northern Girl
You might want to keep in mind that your employer has absolutely no obligation under the law to offer you any kind of paid leave in the first place. That being the case, they may legally require you to use it in any way they see fit, regardless of whether they put it into the handbook, as long as they do not violate discrimination laws.
NOTE: Requiring you to use your paid leave during your suspension does NOT violate discrimination laws unless you are prepared to show that if you were a different race, religion, national origin etc. they would not have made you use it. Unless you can point to a similarly situated employee who was suspended for a similar reason and did NOT have to use their leave AND was of a different race, religion etc. AND there is no other reasonable difference between you, it is extremely unlikely that you will be able to make that claim.
You might also keep in mind that the option to using your paid leave, is having your suspension unpaid.
NOTE: Requiring you to use your paid leave during your suspension does NOT violate discrimination laws unless you are prepared to show that if you were a different race, religion, national origin etc. they would not have made you use it. Unless you can point to a similarly situated employee who was suspended for a similar reason and did NOT have to use their leave AND was of a different race, religion etc. AND there is no other reasonable difference between you, it is extremely unlikely that you will be able to make that claim.
You might also keep in mind that the option to using your paid leave, is having your suspension unpaid.