Can my employer require me to use paid time off when working a reduced schedule?

I have fibromyalgia, arthritis, GERD and back problems. I had back surgery in September. I walk with a cane. I have filled out the FMLA forms for intermittent leave and have used it this year. I have also have filled out FMLA forms for working a reduced schedule, i.e. taking every Wednesday off. I have no time off left and have been taking both intermittend and reduced schedule unpaid. My employer considers 32 hrs/week as full time.
Under ADA reasonable accomadation for reduced schedule do I have to use up my paid time off?

1 answer  |  asked Dec 3, 2012 11:10 AM [EST]  |  applies to Pennsylvania

Answers (1)

Harold Goldner
FMLA is available for a serious health condition; you haven't identified for *which* serious health condition you are seeking intermittent or reduced schedule leave, but all of that still has to be less than 12 weeks/year for you to remain qualified, and your employer is permitted to require you to exhaust all paid leave while you are on FMLA. Reasonable accommodations under ADA do not "trump" the provisions of FMLA.

posted by Harold Goldner  |  Dec 3, 2012 1:44 PM [EST]

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