Can an employer charge your time off to FMLA after you informed them you chose to use PTO? Is FMLA employee initiated? Thanks

2 answers  |  asked Feb 5, 2009 11:23 AM [EST]  |  applies to Wisconsin

Answers (2)

Adam Kielich
FMLA applies regardless of the employee requesting leave or taking leave with a reference to FMLA. If you request paid leave under a paid sick leave or vacation pay policy the leave may still be covered by FMLA protections. In this case, the employer should acknowledge the FMLA protections even if you do not mention FMLA or even insist the employer not count it against your FMLA leave.

posted by Adam Kielich  |  Dec 31, 2017 11:19 AM [EST]
Janet L. Heins
FMLA leave use

An employer can count your medical leave as FMLA even if you are using PTO to get paid for it.

posted by Janet L. Heins  |  Feb 5, 2009 12:28 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Edward Lowry Edward Lowry
Charlottesville, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm

more Virginia Employment Lawyers