vacation/sick lv. accrual during FMLA?
lulu12
2 Posts
Do you continue the vacation and sick leaves accruals for an employee on FMLA leave?
lulu12
2 Posts
Comments
In our shop, we only accrue leaves if the EE is getting paid. When sick and vacation time has expired, and the EE is still on FML, then we no longer accrue.
As a general rule, when the EE returns from the FML, he/she should be treated as if they had never left. This concept is reflected in the fact that FML must be interpreted as continuous service.
and
Sec.104 (a)(3)LIMITATIONS-Nothing in this section shall be construed to entitle any restored employee to (A)the accrual of any seniority or employment benefits during a period of leave; or (B) any right, benefit, or position of employment other than any righ, benefit, or position to which the employee would have been entitled to had the employee not taken the leave.
Could you please point me to the part of the regulation that states you have to treat the leave as continuous service because I think I need to bring this up to the powers that be?
Thank you.
I do see where you have to maintain Health Benefits under the conditions that the employee was continuously working but I still can't find anything about the seniority. Please let me know where that is?
I think you have it right. The continuity of service clause impact benefits - it is as though the EE did not leave. And it is the same with seniority - which means the days out for FML do not count toward seniority. The EEs do get all cost of living raises and other of these types of benefits that they would have received while working, however the regs specifically limit seniority per your reference. Thanks for clearing up my confusion.
:-)