Can FMLA begin during paid vacation?

jdevine

I have an employee who was on a two week scheduled vacation and during that time a serious medical condition occurred.  Her vacation is over but she hasn't returned to work due to the condition.  Does her FMLA clock begin from the onset of the condition or the date she should have returned to work?

efeldman

We count it from the documented (physician certification) onset of the condition.  For instance, we had an employee out on vacation and during that time she gave birth.  Her FMLA began as soon as the doctor notified us of the occurrance.

jdevine

Thank you!

TXHRGuy

There's one odd spot here.

 

You cannot compel use of vacation concurrently with FMLA and ask for anything more than you would normally ask for vacation.  So, you aren't really entitled to a full-blown FMLA cert until after the vacation unless your vacation policy stipulates that you can ask for all that kind of information.  If you designate the FMLA time to start while on vacation, that designation could be challenged later if you move aggressively to terminate after 12 weeks of FMLA leave.  Alternatively, if there's still time depending on when this all happened, you could tell the person (in writing as all things in FMLA must be done) that their absence is being conditionally designated as FMLA leave time contingent upon the satisfactory and timely submission of a FMLA certification form and ask them to tell the Compay if they would like to continue to receive vacation pay during their FMLA leave period that coincides with their already planned vacation.  That would cover you.