I have a question about my vacation time, sick days, personal days while approved for FMLA

I was approved for FMLA due to a knee issue which resulted in surgery. My employer made me take all of my vacation time, my personal days and my sick days before I was allowed to use the FMLA time.

Now I was recently involved in a serious car accident and need some time off (I had to take a week leave of absence due to medical condition) to take care of differnet things (car, doc appointments, etc) and have NO time left available. Therefore, I have to make up my time late in the evenings or on weekends so that I don't lose my job.

That doesn't seem fair to have to use my vacation time etc for my medical issues if I was approved for the FMLA.

Can you please clarify?

2 answers  |  asked Jan 31, 2013 08:56 AM [EST]  |  applies to Ohio

Answers (2)

Bruce Elfvin
Your question did not identify how much time you were out or whether you took the full 12 weeks. If you have weeks left you can use FMLA even though it would be unpaid. Otherwise see an employment attorney now. You casn select one at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Jan 31, 2013 10:58 AM [EST]
Neil Klingshirn
An employer can require you to use your vacation, sick and other paid time off while you are on FMLA leave. The FMLA guarantees your restoration to your job, for up to 12 weeks, to care for the serious health condition of you or a family member. Once you use up that time, though, your employer will not violate the FMLA by terminating your employment for further absences, even if caused by the same serious health condition.

Vacation, sick time and other paid time off provide a compensation benefit. That is, they provide pay for time off. Since FMLA is unpaid time off, an employer can require you to take your pay for the FMLA time.

posted by Neil Klingshirn  |  Jan 31, 2013 09:15 AM [EST]

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