Disparity of treatment
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Disparity of treatment
Myself and another employee
have approved intermittent
FMLA. Both of us are good
employees in the same
position with great work
records, but our paid leave
balances are exhausted. Our
employer allows the other
employee a flexable work
schedule as needed so not
to incrue unpaid leave. I
requested the same and was
denied. Forcing me to use
unpaid leave which lowers
my pay and reduces my leave
accruals. Other than being
unethical,is there a law
violation in this scenerio?
Asked on September 20, 2017 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Is your treatment due to some form of legally actionable discrimination? In other words, it it because of your race, religion, age (over 40), nationality, disability, gender or the like? If nt, then it is legal. Otherwise, the fact is that not all employees need be treated the same or even fairly. Bottom line, a company can set the conditions of work much as it sees fit unless it violates the terms of a union agreement or employment contract.
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