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FMLA - Accruing Paid Time Off

SusanSusan 8 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
[font size="1" color="#FF0000"]LAST EDITED ON 03-13-02 AT 08:44AM (CST)[/font][p]We treat FMLA the same as any other disability when it comes to benefits. Our policy states that you do not accrue paid time off when out on disability and/or FMLA leave. We give attorneys 2 months paid FMLA leave and the staff gets nothing, except as with the attorneys, holding their job for 12 weeks. Now, I have a partner saying that since the attorneys get paid for 2 months, they should continue to accrue their paid time off. Does anyone know if we can do this legally? Please help. I need an answer fast.
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  • RockieRockie 2,136 Posts
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    If you don't allow accrual for any other time off due to disabiity, then you do not have to allow for FMLA. The trouble you run into is if you single out FMLA and treat this differently than any other illness or disabiity.

    The partner is talking about two different things here. You are giving an additional benefit to attorneys that others are not getting, I am assuming, due to their status in the firm. That is not uncommon.
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