FMLA - being refused vacation time unless it is FMLA related - is this legal & what do I do?

I have FMLA for a medical issue. Whenever I have to miss work for a doctor appointment, or a sick day the company uses my vacation time. This is fine as I do not want a loss in pay. I currently have plenty of vacation time and I want to use some vacation days for non FMLA reasons. I recently asked my supervisor if I could take a few days off and was told to check with my FMLA to see if I had used up my days for the month. It seemed the only way it was going to be approved is if I had the FMLA time, but I want to take non FMLA vacation days. Is it legal to be refused vacation time and only be allowed time off of work when it is FMLA related?

1 answer  |  asked Jun 28, 2015 01:41 AM [EST]  |  applies to California

Answers (1)

Arkady Itkin
An employee may choose and an employer may require that an employee use accrued paid vacation or other types of paid leave to cover some or all of the time that could be covered under FMLA, so this is allowed under the law.


posted by Arkady Itkin  |  Jun 28, 2015 5:25 PM [EST]

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