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Designating All Leave As FM LA Leave

doloresdolores 20 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Would there be a down side to designating all sick and annual leave taken as FMLA leave?
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  • 2 Comments sorted by Votes Date Added
  • vmiller MOvmiller MO 98 Posts
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    You can only designate such paid leave (sick or vacation) as a "substitution" for unpaid FMLA leave if the leave itself qualifies as FMLA. You may want to check 29 CFR Section 825.207 which deals generally with this issue
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  • HR in OklaHR in Okla 253 Posts
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    I see potential problems with designating someone's time off with a cold or something minor as FMLA. What if they develop a serious condition later, but you've "taken" a portion of their 12 weeks away? As for annual leave, if you're referring to personal days or vacation, I'd say absolutely not. You'll have an uprising if you deduct from someone's available FMLA for something that doesn't qualify under the law. Also, if you designate leave as FMLA, you must complete the "Employer's Response" form from DOL informing them of their legal rights under FMLA. You'd have a nightmare keeping up with it.
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