FMLA leave Disability plan accrued vacation hours

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FMLA leave Disability plan accrued vacation hours

I am on FMLA leave at present and I am having STD plan which is paying me 2/3 of the weekly salary for 5 weeks. If as an employee I Do not choose to use my vacation hours against my FMLA leaves. Is that allowed per law?If employer directly use my all 80 hours vacation to pay me the salary during this period without my knowledge. Under law can I request not to use it?

Asked on March 3, 2017 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, it is not your choice. The law gives your employer the option to require that some or all of your paid time off (e.g. your vacation days and sick leave) be used during your FMLA leave. Many employers will let their employees decide, but they don't have to: they can make this decision for you.


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