FMLA

[Guest nac]

FMLA and paid time off can run concurrently. As long as your state regs don't prohibit the practice, and you have a clearly stated and consistently applied policy, then you can require an employee to exhaust available paid time off in conjunction with an FMLA leave.

FYI, again if there are no state regs against the practice, you can also count lost days under worker's comp toward FMLA, as long as the FMLA notifications are made appropriately.

[Guest Fay]

My understanding of FMLA regulations is that it is at the company's discretion whether or not to make an employee take whatever paid time they have coming to them first, and that this counts against the 12 week allotment. Is this still true? Has there been some recent change in the law?

[Guest WilsonA]

I am still unclear on the use of vacation time for FML. The company I work for does not require the use of vaction before FML if the employee: needs to care for a family memeber, has a personal illness, or for women before and after childbirth. However this company does require a man to exhaust his vacation time before going on FML if he wishes to care for a newborn child. Is this lawful? Any information would be helpful.

Thank you,

Arthur

[This message has been edited by WilsonA (edited 10-16-98).]

[Guest nac]

It doesn't sound legal to me, but that's just my opinion. If the company is differentiating based on gender, they're probably going to get into trouble. If, on the other hand, they're differentiating between illness of the employee him/herself and illness of a family member, then it's probably ok.

I'll give you an example. My company's policy states that when you take FMLA leave, regardless of the reason, you must utilize any paid time you have available that is appropriate to the situation. If you're caring for a sick family member, then you wouldn't receive sick time but would be required to use vacation time. If it's your own illness, you would receive accrued sick pay and then accrued vacation pay. Once the available paid time is exhausted, employee goes to unpaid leave for the remainder of the FMLA period.

We do allow employees reserve up to 5 vacation days out of FMLA leave so they have something when they return to work.

[Sheila K]

Fay:

At our company (AZ), we require that the first 240 hours (or until sick leave is exhausted) of FMLA be paid through our short term sick leave program. We then require that the next 240 hours (or until vacation is exhausted) be paid through vacation accruals. Any remaining time is either paid by sick leave (if available) or vacation (employee's choice) or unpaid.

Sheila K