FMLA Abuse

T

I have several ee's needing FMLA time off. No problem, I understand that I am obligated to give them the 12 weeks if needed. Our policy does state that the ee has to use vacation, sick or personal time in conjunction with FMLA. The abuse comes in to play in this type of scenario: ee not eligible for vacation until August, ee needs FMLA from May through July. EE takes off 10 weeks and is back to work around July 10, now he wants his vacation in September or October. Is there anyway I can force the ee to use his vacation even though he doesn't receive it until August.???? On several ee's their FMLA time could wait until their vacation, I believe they are trying to beat the system? What can I do? If anything??

Don D

Is >there anyway I can force the ee to use his vacation even though he
>doesn't receive it until August.???? On several ee's their FMLA time
>could wait until their vacation, I believe they are trying to beat the
>system? What can I do? If anything??


If you're wise, none of the above. Retaliation against one for exercising their FMLA rights is against the law. Jockeying your policies around in an appearance of penalizing someone on FMLA is also a violation of the Act. The employee has no control over whether or not they are yet eligible to take vacation. Therefore, I see no way for him to be playing that to his advantage. Tread carefully. Always follow the regulations of the Federal programs. If you try to creatively light fuses under people who exercise their rights, you will soon discover that one of those fuses is glued to your own foot.