FMLA

cupb

If an employer would require an employee to use accrued paid leave or
vacation as a substitution for FMLA leave, when does the FMLA time
actually start? At the same time as the accrued leave/vacation or
AFTER leave/vacation has been used up?

sonny

At my place of employment, the FMLA starts at the same time, not when paid leave time is exhausted.

Don D

You'd be wise to run them concurrently. The reason for that is to limit, in effect, the time off during the year. If you insist on using up personal or vacation leave first, then move into FMLA, the benefit goes to the ee, not the company. The law requires that they be put on FMLA once eligible and approved. Our policy ensures that for personal illness, the ee concurrently exhause sick then vacation while on FMLA. Otherwise, he comes off FMLA and goes on vacation, then sick leave and your wondering what happened. Its the employer's option whether or not to run them at the same time, but it works well for us and I would recommend it. Don't deviate from your policy, whatever it is.

Nat

You really need a policy that is specific about how and when FMLA is paid or unpaid. Our policy states that vacation, sick, holiday leave and absences due to worker's compensation will run concurrently with FMLA leave. It specifically states that employee must exhaust all paid leave before taking leave without pay including FMLA leave. Most attorney's that I have worked with suggest running these leaves concurrently that way you don't have someone out for 12 weeks and come back and want a week of vacation. Most have said that your policy must state this though. Hope this helps.

Nat

denisek

We begin the FMLA period right away, however, our state law does not allow us to require they use accrued paid time until after 2 weeks for their own medical condition and 6 weeks for the birth or adoption of a child. While the employee may elect to use accrued sick or vacation pay, we are unfortunately unable to require them to.