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FMLA clarification as it relates to accrued time-off

Discussion in 'Medical Leave & Disability' started by bmural, Aug 19, 2011.

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  1. bmural

    bmural Law Topic Starter New Member

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    I'm expecting a child soon and have some questions regarding FMLA and my current accrued time-off with my employer.

    Currently, I work as a 100% commission based employee. As a result all accrued time off (vacation and sick leave) is non-paid leave that I am currently eligible to take.

    If I were to go on FMLA after my child is born is my employer able to use my currently accrued time off as paid time off to run concurrently with the FMLA leave? Basically, if I choose to take FMLA for my time off, will me vacation and sick time be zero upon my return since it is un-paid leave or will I still have it to draw from? Iv'e read that they can force employees to take their vacation and sick time during the FMLA time off.

    I'm not sure how it works when it relates to vacation time being un-paid time to use versus a salary employee that has paid time off leave.

    Any help in the clarification would be appreciated.

    Thanks,
     
  2. cbg

    cbg Super Moderator

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    The FMLA statute specifically gives your employer permission to require that any vacation or sick time be applied to FMLA. It's not always an issue of paid or unpaid; it's an issue of how much time you take.

    The employer is not required to give you 12 weeks of FMLA IN ADDITION TO any additional time off you may have. The law is saying that you don't get to take 12 weeks of FMLA, then an additional 3 weeks vacation, then an additional 10 sick days (or whatever) for a total of 17 weeks off. The law entitles you to 12 weeks of FMLA - it does not entitle you to ANY vacation or sick leave.

    This is not to say that an employer WILL require you to take all you sick and vacation time as part of your FMLA - it is that they CAN. If they DO it will be legal. If they don't, then that's legal too.
     

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