Can an employer in NY refuse to let a pregnant women use rollover vacation time 3mos before birth?

My wife is due to give birth in late-March. Her employer has told her that since she is pregnant, she cannot use rollover vacation that she has accrued this year for next year (only her 2016 vacation days). Her company allows employees to rollover up to 5 days to use at their discretion during the months January-March of the following year. Her employer, upon learning she was pregnant, told her that she cannot use rollover days during the 3 months before FMLA begins, thus negating her chance at using rollover vacation days. To me it seems that this is discriminatory towards a pregnant employee, as any other employee would be allowed to use their rollover vacation as they wish, and not be told by the company how to use their accrued time off. Is there any legal premise for them to withhold her use of rollover vacation days? Thank you.

1 answer  |  asked Sep 29, 2015 08:01 AM [EST]  |  applies to New York

Answers (1)

Michael D. Diederich
Without giving legal advice, on its face this employer seems to be refusing an employee a benefit of employment on account of her gender. She should consider filing a charge of discrimination with the US EEOC (NY District Office), NYS DHR, or City CHR. There is, however, always the risk of (unlawful) reprisal by the employer.
Mike Diederich, Esq.
Diederich Law Office

posted by Michael D. Diederich  |  Sep 29, 2015 08:48 AM [EST]

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