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#1239463 - 08/26/09 03:44 PM FMLA time off
HR Banker Offline
Diamond Poster
Joined: Oct 2002
Posts: 1,027
If a pregnant employee knows the doctor will put her off work Sept. 14 can she schedule vacation Sept. 7 and it not count as FMLA time? That would give her 13 weeks off. Would the Act regulate this or would it just be bank policy? We require any paid time off be used during FMLA before the unpaid portion of the leave begins.

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Human Resources
#1240356 - 08/27/09 05:00 PM Re: FMLA time off HR Banker
blvsinangels Offline
Gold Star
Joined: Aug 2003
Posts: 372
You may want to check this law. If she is due paid vacation time, I would think she can be allowed to take it anytime she wants. Whats the difference in her taking it prior to her due date, or coming back to work and then taking it? My understanding of the FMLA is that the employee is due that time period, 12 weeks of unpaid time. So that would be in addition to any vacation time she has accumlated.

Anyone else have an opinion?

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#1241639 - 08/28/09 07:34 PM Re: FMLA time off blvsinangels
ABrown Offline
Gold Star
Joined: May 2001
Posts: 279
Texas
Actually, I believe that sick time and FMLA can run concurrently. I think that vacation time is another matter, however. We are too small to qualify, but I do read other boards sometimes about it, and am glad that we don't have to comply just yet.

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#1249747 - 09/14/09 06:21 PM Re: FMLA time off ABrown
Mom of Boys Offline
Member
Mom of Boys
Joined: Aug 2001
Posts: 54
Maryland
You can require sick leave and vacation leave be used as part of FMLA, when you complete form WH-381 there is a place to let them know if you are requiring them to use any leave. It also depends on what your employee handbook/guidebook states.

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#1254537 - 09/22/09 04:15 PM Re: FMLA time off Mom of Boys
I Wear Many Hats Offline
Platinum Poster
I Wear Many Hats
Joined: Mar 2001
Posts: 591
the beautiful state of ME
We only allow employees to use accumulated sick time for the "sick part" of their FMLA leave - generally in a maternity case, that is six weeks for a regular delivery and 8 weeks for a C-section - they could have 12 weeks of sick time accumulated, but we only allow them to take the 6 or 8 weeks paid. Any "bonding" time they wish to have with their newborn either comes from vacation time or is unpaid. If an employee took a week's vacation just prior to leave, then the time taken would just increase the unpaid time at the end of their leave - depending on how much sick time and vacation time an employee has accumulated the due date, I generally encourage employees not to blow through all their paid time - those babies get sick and you may need to take some time off when you come back to work.
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#1421231 - 07/28/10 11:25 PM Re: FMLA time off I Wear Many Hats
mmumm Offline
100 Club
Joined: Jul 2008
Posts: 163
Santa Cruz, California
If an employee is out on maternity leave for longer than the 12 weeks covered by FMLA, are we still required to keep her position open even though the FMLA coverage has run out?

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#1421293 - 07/29/10 12:38 PM Re: FMLA time off mmumm
manylayers Offline
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manylayers
Joined: Nov 2009
Posts: 263
PA
That depends on your written policies...if you have some language in there about an extension in certain situations...make sure that you are treating her exactly as you treated others who have requested the extended leave before.

and if the person took a week of scheduled vacation prior to the start of the 12 week FMLA, I don't believe you could count that as 13 weeks and dismiss the employee. In that situation the employee would be apropriately on leave for 13 weeks...and due any and all benefits (continuting to acrue leave) that every active employee receives.

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