Can an employer adjust your date of employment after taking FMLA?

I requested 4 weeks FMLA from my employer and they approved it after I completed the Federal Medical Certification form but they also required me to spend 4 weeks accrued vacation time. So I was forced to take PAID FMLA instead of UNPAID FMLA. When I returned to work, my date of employment had been adjusted by 4 weeks, resulting in loss of seniority and benefits.

I was also told that I only have 8 UNPAID weeks of FMLA remaining for this 12 month period instead of 12 UNPAID weeks, even though I was paid my vacation pay for the 4 weeks I took. Is this correct?

1 answer  |  asked Oct 5, 2011 2:00 PM [EST]  |  applies to California

Answers (1)

Adam Kielich
FMLA is always unpaid leave. Employers are allowed to expend your paid time off during FMLA leave. An employer does not have to exhaust paid time off but most do. Take a look at these links to learn more about your FMLA rights:

https://denverlaborlaw.com/employment-lawyers/family-medical-leave-act-fmla-colorado/

https://www.dol.gov/whd/fmla/fmla-faqs.htm

https://www.dol.gov/sites/default/files/PaidLeaveFinalRuleComparison.pdf

posted by Adam Kielich  |  Dec 31, 2017 11:08 AM [EST]

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