I have been approved for an FMLA leave of absence and requested to use accrued vacation time so I could still be paid while taking my leave. Can my employer keep me from using my vacation time during an FMLA leave? HR is telling me to apply for short-term

HR is also telling me that my manager would have to approve the use of this vacation time? How is it his decision?

1 answer  |  asked Feb 3, 2016 07:21 AM [EST]  |  applies to Pennsylvania

Answers (1)

Scott Leah
Under the FMLA, an eligible employee may choose to substitute accrued paid leave for FMLA leave. If the employee does not choose to do so, the employer may require that the employee substitute accrued paid leave for FMLA leave.

However, if you are on short term disability leave, you would not have the right to substitute accrued paid leave, since the leave is already paid leave.

I would be happy to discuss this with you if you want to call me at 412-594-5551.

posted by Scott Leah  |  Feb 3, 2016 09:10 AM [EST]

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