Question about FMLA

Stephanie in FL · Jun 19, 2004

I work for a large hospital in Florida. I was recently on medical leave for 8 months. We have paid days off, where vacation days, sick days,and holidays are all lumped together. When I started my medical leave, I had to first use all the paid time off I had accumulated (as part of FMLA).

Stephanie RN

WickedRedRN, BSN, RN · Jun 19, 2004

I work for a large phone corporation, OUr FMLA days are seprarate from our vacation and personal days. My mom is a Nurse Supervisor at a psych facility, Fmla runs concurrent with any sick day, I am not sure if you can find any regulation on how to apply fmla, I think each company has their own policies

kids · Jun 19, 2004

I am not sure if you can find any regulation on how to apply fmla, I think each company has their own policies

I don't think there is any rules for applying vacation to FMLA.

Have you asked them to NOT use your vacation to cover it?

rstewart · Jun 19, 2004

If you really want to know the answer to your question, you need to contact an attorney in your state whose specialty is employment law (not because FMLA differs from state to state but rather because some states have laws which may serve to modify your rights under certain circumstances.)

The general answer is that your employer can require that you use your accrued time before your FMLA time starts.

Ortho_RN · Jun 19, 2004

I don't think there is any rules for applying vacation to FMLA.
Have you asked them to NOT use your vacation to cover it?

Well I haven't called in FMLA in a while, but the next time I do, I am gonna request that they do not use it, and see if they listen :)

Home Health Columnist / Guide · Jun 19, 2004

employee eligibility

to be eligible for fmla benefits, an employee must:

work for a covered employer;
have worked for the employer for a total of 12 months[color=#606420]*;
have worked at least 1,250 hours over the previous 12 months[color=#606420]*; and
work at a location in the united states or in any territory or possession of the united states where at least 50 employees are employed by the employer within 75 miles.

"serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either:

any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care; or
continuing treatment by a health care provider which includes any period of incapacity (i.e., inability to work, attend school or perform other regular daily activities) due to:

(1) a health condition (including treatment therefor, or recovery therefrom) lasting more than three consecutive days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes:

treatment two or more times by or under the supervision of a health care provider; or
one treatment by a health care provider with a continuing regimen of treatment; or

(2) pregnancy or prenatal care. a visit to the health care provider is not necessary for each absence; or

(3) a chronic serious health condition which continues over an extended period of time, requires periodic visits to a health care provider, and may involve occasional episodes of incapacity (e.g., asthma, diabetes). a visit to a health care provider is not necessary for each absence; or

(4) a permanent or long-term condition for which treatment may not be effective (e.g., alzheimer's, a severe stroke, terminal cancer). only supervision by a health care provider is required, rather than active treatment; or

(5) any absences to receive multiple treatments for restorative surgery or for a condition which would likely result in a period of incapacity of more than three days if not treated (e.g., chemotherapy or radiation treatments for cancer).

also, subject to certain conditions, employees or employers may choose to use accrued paid leave (such as sick or vacation leave) to cover some or all of the fmla leave.

the employer is responsible for designating if an employee's use of paid leave counts as fmla leave, based on information from the employee.

[color=#606420]http://www.dol.gov/esa/regs/compliance/whd/whdfs28.htm

q: does the law guarantee paid time off?

no. the fmla only requires unpaid leave. however, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the fmla leave period. when paid leave is substituted for unpaid fmla leave, it may be counted against the 12-week fmla leave entitlement if the employee is properly notified of the designation when the leave begins.

http://www.dol.gov/elaws/esa/fmla/faq.asp