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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 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.
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.