While it is your PTO you can still be legally fired by your boss during this period, while you cannot be fired for using your paid time off, so long it is granted in the company’s rules and regulations. For most workers, while you are generally allowed to take paid time off (PTO), your employer still has the power to call you from your holiday or vacation, except for sick leaves You can be fired for not showing up for work. Most states in the U.S follow the general at-will employment, which gives employers the right to fire persons or employees for minute things as they deem fit, such as refusal to work overtime.
Being fired because of refusal to work overtime
Your boss where you are working most likely has the power to mandate employees to work extra for a certain amount of time, if you refuse to work overtime, however, you could be fired following the fair labor Standards Act. The Act does not affect how many hours a week you can work or how many hours your employer tells you to work, it just mandates that employers pay for overtime incurred by the staff. Employees on the other hand can get fired for not showing up to or doing the overtime work assigned by the employer if the employee’s contract stipulates that the employer cannot fire the person, just for refusing to come to work and PTO, then that would constitute a breach in the contract, most states have regulation surrounding overtime working, if you work on an hourly basis, then you will be paid for all the hours you worked whether overtime or working during off days.
Can my employer fire me during a leave?
Most work policies give employees leaves because they do not want their employees experiencing burnout or extreme stress, or generally for other personal family or health concerns. The law usually prohibits employers from terminating contracts or employment during a leave of absence. Most procedures for applying for leaves are detailed in employment manuals and handbooks which are given to new employees on their first day of work or before they even start, once they are employed, these manuals also contain information surrounding what happens when an employee is taking a leave from work, for example, some employers may pay you when you are on sick leave and depending on the situation or how the sick leave came about as will be written in the manuals, you may not be paid.
Can I be fired if I use the FMLA?
The federal law that requires employers in the United States to pay employees during leaves of up to 12 weeks within a year is called the Family and Medical leave act, the labor law was passed in 1993 during president Bill Clinton’s first term, the act allows employees to care for their family members within that period whether new children, sick family member or if they are recovering from a sickness, it applies to both private and public sector employees, although it exempts certain persons from it, which includes elected officials or employees who are normally highly compensated, to use the FMLA you need to have worked for a minimum of about 1,250 across 12 months, you may be fired for taking an FMLA if you fall short of this. You may also be fired or sanctioned if you do not give a 30-day notice of your leave and the reason for it. If all conditions are met for using an FMLA a certification is given which verifies your absence from work and therefore gives you protection from excesses like being fired or queried or suspended.
Conclusion
While you cannot usually be fired if you take the right step for requesting leave, if it was an FMLA leave you can still be called off your work leave to attend to certain pressing issues and even work overtime during these times, you could generally be fired if your employer perceives certain acts of insubordination from you, under the FMLA however, employers can have up to a 12-week paid leave under the protection of the law.
Can I take multiple FMLA?
Yes, the FMLA gives a 12-week paid leave over 12 months, you can choose to take it every 2 weeks or 4 weeks within the year.
Do U.S citizens with disabilities require approval before taking a leave?
Yes, they are regarded as normal workers who can fulfill a certain task.
