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?

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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 3 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 3 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.


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