Does FMLA have to run concurrently with paid leave (vacation)?

It sounds like extremely generous to me. The only way I can imagine it might be illegal is if during the period of paid sick/personal days some kind of action was taken (example change in duties or pay) that would be contrary to FMLA protections.

 

Do you believe FMLA leave mandates the employer to continue paying the employee for the duration of the time off taken?

FMLA only requires unpaid leave.

However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.


Read this:

FAQs: FMLA - Wage and Hour Division (WHD) - U.S. Department of Labor

 

Why on EARTH do you think it would be illegal for an employer to provide more time than is required? Tell your idiot co-worker that she doesn't know what she's talking about.

BTW, the statute expressly permits an employer to require an employee to exhaust their paid leave as part of their FMLA, so if the idiot is thinking that somehow they're supposed to be able to save some of their paid leave for after the unpaid leave is gone and they want to go to Disney World later in the year, tell them they're twice an idiot.

 

Totally legal, just generous. TX is right that just regular old sick leave or annual leave doesn't carry the same protections as FMLA unless the company chooses to grant those protections. There could be some issues if for example, the employee is off for 12 weeks using their own leave, not designated or protected as FMLA, and upon return they are denied a promotion because they took too much time off, or the company takes some other sort of action because of the leave. Most of the time, it probably isn't going to be an issue.

 

Right or wrong, this little website can do NOTHING but offer words.

Even if the words are correct, no entity need to heed what you learn here.

If this concerns you, it might behoove you to discuss it with the leaders, movers, shakers, hotshots, lil bosses, big bosses, potentates, near greats of your organization.

You are always FREE to spend some money and hire yourself a lawyer.

Good luck.

 

Your co-worker is wrong. Ask her to show you where she got that idea.

 

The employer MAY start FMLA on the first day. There is nothing in the statute saying that they MUST.

What the law cares about is whether the employee gets all the time entitled to them by statute. If the employer's policy does not result in the employee receiving LESS time than they are entitled to by law, the employer is legal.