If I am under FMLA,and I take time off under FMLA but cover the time with vacation hours accrued at work, does that still take time off of my FMLA?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I am under FMLA,and I take time off under FMLA but cover the time with vacation hours accrued at work, does that still take time off of my FMLA?

I am under FMLA with my employer to care for my medically needy child. I was just informed I only have 15 days left under FMLA. I feel there should be more. I was told that anytime I take off related to his care, regardless of whether or not I cover the time with sick or vacation accrued time, it is still taken away from my FMLA.

Asked on April 13, 2017 under Employment Labor Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Am empoyer can mandate that vacation time (or PTO) be used with time off under the FMLA. You do not have the automatic right to use one and then the other. That having been said, you will at least then be paid for this time. The only way that you could challenge this is if such an action violated the terms of an employment contract or union agreement.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

While an employer does not have to require  you use paid time off (e.g. vacation or sick days), they are allowed to make you use those days simultaneously with FMLA leave (which at least means you will be paid for time out from work). So what your employer is telling you is legal: they can make you use up PTO and FMLA together, rather than letting you use one, then the other.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption