Can one go on a vacation while on FMLA and unable to work?

My mother put in for vacation time to go out of the country for 3 weeks several months prior to needing a leave of absence. In an unanticipated circumstance, she went to the doctor where they found lumps in her breast and scheduled a biopsy. She missed a couple of days before she was to go on vacation due to the surgery and doctors appointments. Her job required her to fill out FMLA forms and approved her for leave requiring her to exhaust sick, vacation and personal time. Her doctor required she be off the entire time she was to be on vacation because she has a physically laboring job. She is back to work and her employer did not pay her for the entire time, stating that she originally took vacation and she does not have enough vacation days. Technically, she was on medical leave and unable to work either way. It just all happened at the same time. On paper, they approve all leave through the original dates. Are they required to honor her FMLA as stated in the forms?

0 answers  |  asked Mar 18, 2011 2:04 PM [EST]  |  applies to Ohio

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