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  1. #1
    Join Date
    Apr 2012
    Posts
    3

    Angry Put on Paid Admin Leave After Suing Employer

    My question involves labor and employment law for the state of: California

    I currently am suing my Chief, Commander and City for retaliation, discrimination, failure to promote, harassment and a host of other things. My Chief in retaliation is trying to fire me and has me on paid admin leave. I have asked to burn vacation time off next week and he has denied it. I then asked to used some of my comp time ( I have almost 100 hours) he has also denied that. He is saying it is due to scheduling. If I am not there and out on PAL how can it be due to scheduling! He is just harassing me again. My question is this legal? Doesn't FLSA allow me the right to use comp time?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: On Paid Admin Leave

    The FLSA only allows for comp time at all in very limited circumstances, and does not give you the guaranteed right to use it whenever you want to.

  3. #3

    Default Re: On Paid Admin Leave

    First, OP, when you say you are “suing” what do you mean? Do you have a judicial lawsuit suing the city and these individuals? Or do you have an administrative charge of discrimination pending against them? Do you have counsel representing you?

    Second, why would you want to “burn” your vacation time or compensatory time while you are on paid administrative leave?

    Third, without researching the issue, I think the foregoing advice is correct. Federal and/or state law may obligate the city to pay you for the aforementioned time ultimately. However, I doubt either federal or state law mandates the employer to provide you with an opportunity to burn either vacation or comp time while you are on paid administrative leave.

  4. #4
    Join Date
    Sep 2011
    Posts
    437

    Default Re: On Paid Admin Leave

    and has me on paid admin leave. I have asked to burn vacation time off next week and he has denied it. If you're on paid leave, why do you want to use vacation time? If your employer is refusing to allow you to double-dip (be paid twice for the same time off work), there's nothing illegal or retaliatory about that. I can't think of any employer that would allow that.

  5. #5
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Put on Paid Admin Leave After Suing Employer

    My Chief, being the absolutely wonderful person that he is has me on a leash while on admin leave. I have to be within one hours recall time of the station. Meaning if I want to be anywhere further than an hour I have to use vacation or comp time that I have earned. There is no double dipping going on. I only want to go out of town with my husband since he has vacation.

    As for suing, yes I have a civil suit against the City, Chief and Commander and I have legal representation. They are out of town right now, hence the posting.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Put on Paid Admin Leave After Suing Employer

    Then advise them you are going away with your husband greater than one hour away and will call them when you are back, risking termination. The law does not allow an employee to choose when they will use vacation or comp time and they are legally within their rights, unless you have a collective bargaining agreement to the contrary.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Put on Paid Admin Leave After Suing Employer

    The fact remains that under no law, Federal or state, in any state, do you have the guaranteed right to take vacation or comp time at any time you choose; both are completely at the convenience of the employer.

  8. #8
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Put on Paid Admin Leave After Suing Employer

    As long as your employer is paying for the leave time, then you're at their beck and call. You don't have any legal means to require them to switch you from paid leave to paid vacation. Sorry.

  9. #9
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Put on Paid Admin Leave After Suing Employer

    Thank you for the answers

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