›

FMLA vs Military leave

SMaceSMace 1,481 Posts
in HR & Employment Law Vote Up0Vote Down
When ee's take FMLA they are required to use paid personal days. When they are on military leave, they are not. Is that a problem in terms of FMLA?

What do you think?
Share on Facebook Share on Twitter

Comments

  • 1 Comment sorted by Votes Date Added
  • Don DDon D 9,834 Posts
    PMVote Up0Vote Down
    What is, is. The same is true of forcing a person on workers' comp to return to work in a restricted capacity, when, if concurrently on FMLA, you cannot do that under the FML Act. Laws trump laws. Happens every day. You cannot require an employee, under USERRA, to take accumulated vacation leave. He may choose to, but it is illegal to force him to. Under FMLA, you may do that. The only solution to the aggravation is staying on top of the regulations and how they interface.
    Share on Facebook Share on Twitter
Sign In or Register to comment.