What happens if my leave of absence needs to begin before I’m eligible for FMLA but I’m only 12 days short of qualifying?

I have not met the 1 year of service requirement but has satisfied the 1040 or 1250 hours worked in the 12 months prior to the leave of absence. I do have enough paid time off vacation and sick to cover 4 weeks. Can these paid days off count towards my 12 month eligibility?

Asked on September 14, 2012 under Employment Labor Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In all likelihood under the presumed employer employee handbook that you have with your employer those accrued and earned vacation days and sick days can be applied to cover the 12 days that you are short for qualifying for your desired FMLA leave based upon my experience in such matters. I would speak with your supervisor about taking your vested vacation days and then after such have run, consider some sick days to trigger the FMLA eligibility.

Before doing so, I suggest that you consult with an attorney that practices in the area of employment law to make sure your tactics have legal merit.

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