Can I use vacation and personal time that is unrelated to my FMLA within the same 12 month period?

Hello. I have about 3 months vacation time saved up and 4 months sick time. I plan to take 12 weeks FMLA leave at the end of this year. I want to take a vacation this spring and have more than enough time. Can my employer deny my vacation request due to the fact that I am taking FMLA later? When you use FMLA, is that all the time you are allowed to take off for the entire year? And what about sick or personal days that are not related to the issue that FMLA is being used for? I am normally allowed 5 weeks vacation per year and the vacation I want to take in the spring is for 2 weeks.

1 answer  |  asked Feb 10, 2019 01:53 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba

No one can interfere with FMLA. The employer usually pays employees for that time if the employee has accrued enough leave according to the employer's policies. Those policies are usually not contracts and can often change at any time.

Your vacation is a different story. The employer can grant or deny such a request. If the employer suspects that an employee plans to quit or leave dont be surprised if those policies all of a sudden change; for everyone, possibly because of your plan, no matter how harmless it might be.

Take your FMLA. Be careful about the rest. If you have no contract, dont work for the government and are "at will" your employer needs absolutely no reason to fire you. It might wait 6 months, or maybe not, after you return from FMLA, but it needs no reason to fire at will employees. Many are shocked to learn that.

This is the most frequent question I am asked. And any employment lawyer will agree. No employee is as invincible as many think they are. The days of working 10, 20, or 30 years for a single employer are quickly vanishing and unlikely to come back. YouTube "employment law reality check".

posted by V Jonas Urba  |  Feb 10, 2019 08:06 AM [EST]

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