Vacation before FMLA for maternity leave

Can we require employees that are expecting to keep vacation time they have to use toward their 12 week maternity leave? Just wondered how others handled maternity leave situations...we do require that they run vacation time concurrent with their FMLA leave but just wondered about them scheduling vacation before their leave comes up. Thanks for any help!


  • 2 Comments sorted by Votes Date Added
  • You have to treat FMLA and maternity employees the same as you would anyone else. Your reason for denying leave has to be for a legitimate business reason.

    You can, however, require employees to use all leave while they are on FMLA. It just has to be part of your policies and applied to everyone.
  • I agree with Nae.

    Our policy actually states that they are required to use any paid sick time during FMLA, but that they don't have to use their vacation time. Most choose to save the time so that they have more paid time off during their leave, but we also have had others who have used theirs separately for vacations that were planned before they even knew they were pregnant.
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