Exhausting accrued personal or vacation time before FMLA
guardian
3 Posts
My question is whether an employer can mandate an employee with a valid FMLA reason for the leave, to first exhaust paid vacation and personal leave before computing the FMLA. We have a policy that pays a certain amount back to an employee who does not use any of the allotted amount of personal time on an annual basis.
Comments
Good luck.
My companies policy was that you had to use vacation or any other paid leave at the beginning of your FMLA. Since they would not let me use my vacation, I called corporate HR, and received approval for 4 weeks FMLA leave in 30 minutes. The above quote angered the HR staff!
Once approved it was funny how local management became easier to work with. Only ended up taking one weeks paid leave.......... did not even have to use my vacation.
Remember those that are not abusing FMLA probably can't afford to take it without pay, so having them take paid leave helps them out. Also prevents a long FMLA leave followed by a 2 weeks paid vacation!
My $0.02 worth.
DJ The Balloonman