Do Employees accrue vacation

AnneLa

Do employees accrue vacation while on FMLA? I have a long term employee who just returned to work yesterday after using 12 weeks of FMLA plus an additional 7 weeks of leave. Our FMLA or vacation policy does not state that employees will not accrue vacation time while on FMLA or other leaves. DO I have to give her vacation time for all of the time she was NOT working? Sorry for the length.

Down_the_Middle

FMLA does NOT require the accrual of any benefits (e.g. vacation) while on FMLA. If your current practice is to permit vac accrual for all other unpaid leaves of absence, then you're likely obligated to continue the practice for FMLA's. If you permit employees to accrue vacation while on vacation, you'll likely be looking at even more vacation that is accrued. Sounds to me as tho you need to revise your LOA policy to clarify whether benefit accruals are permitted------most employers do not permit benefits to accrue while on an unpaid leave.

Nrdgrrl

Our company treats those on FML the same as all other associates, which means they accrue PTO time at the same rate.

The actual reg states:

29 CFR 825.209
(h) An employee's entitlement to benefits other than group health
benefits during a period of FMLA leave (e.g., holiday pay) is to be
determined by the employer's established policy for providing such
benefits when the employee is on other forms of leave (paid or unpaid,
as appropriate).