FMLA leave and use of own sick days

Dera Mel,

I am a Northeast Ohio school teacher. I recently gave birth to a son four weeks early on July 18. My intentions were to use 30 days sick leave and 6 weeks of upaid FMLA and return to work November 25. According to my district, I cannot use my sick leave now because my son was born July 18 and that gives me 6 weeks before the start of school as "recovery." Therefore, I am not receiving any paid leave and will have to cut my FMLA time shorter than the original 12 weeks. I searched your website and was confused on the answer. Can I request to use my own sick leave as part of the FMLA? If so, how do I approach the district when they have told me that I cannot do this? Thank you in advance for your time in this important matter.

1 answer  |  asked Aug 14, 2002 3:39 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
FMLA and sick leave are two different benefits

The FMLA lets you take 12 weeks off from work to be with your new child without jeapordizing your job. The FMLA does not require the school district to pay you for this time off, however. You are only entitled to paid time off to the extent the school has a paid leave program.

If the school requires you to prove that you are actually "sick" in order to use up "sick leave," you probably cannot use paid sick leave during your FMLA leave. In other words, you can take the time off without placing your job in jeopardy, but you probably will not be paid during this time.

As an additional issue, note that you can take 12 weeks away from work at any time during the 12 months following the birth of your child. Therefore, you could begin your FMLA leave on the first day of school and not return for 12 weeks after that. Again, however, this time off would be unpaid.

Best regards,

Neil.

posted by Neil Klingshirn  |  Aug 15, 2002 5:13 PM [EST]

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