Question about FMLA

[Disney Doll]

at ours you have to use all your PTO days then FMLA will kick in.

This is how it is at my place of employment.

 

[barkley]

Just wondering if anyone knows.

I was under the impression that federal law requires (covered) employers to grant (eligible) employees up to 12 weeks of UNPAID leave under the FMLA.

I have been out for 2 weeks on Short Term Disability for surgery I had and will be going back tomorrow.

I was re-reading some paperwork and it says that my employer requires I use paid leave to cover any FMLA days.

Can they require that I use my paid time? Can they require it only if I have the paid time accrued to use? Are they required to allow me to take it unpaid if I don't have the accrued leave?

NOTE: My company is a covered employer and I'm an eligible employee, so that should not factor into this.

Kimya

your employer if subject to fmla laws has to follow the fed laws and any stronger laws your state may have in place.

they can require you to use all accruals but in absence of it cannot disallow it on that basis. some employers have it down to a science and opt to have employees use all their accruals BUT the amount necessary to put them into pay status for each of the calendar months they will be out so they can retain active employee eligibility to health insurance (mine did this-they had you use all but the number of hours in calendar month 1 that you had to work in calendar month 2 to maintain med insurance at employee rates AND generate the one hour of leave in month 3 that again would entitle you to that insurance rate again-otherwise it would have thrown us into inactive status and quadrupled our health insurance ).

you can also take part time hours off due to a medical condition under fmla-if your original condition was granted fmla and there is a continued need for time off due to med appointments, recovery, pt...it is grantable. different companies administer it in different ways. with my employer they would take what your regular work week was (say 40 hours) multiply it times 12 weeks and that was your calendar year fmla entitlement. if you ended up taking 2 full weeks off for surgery you still had 400 hours of eligiblilty to verifiable fmla related leave. the catch was that you could not take take leave in less than a so many hour block, so while your need might only be 2 hours in a given day they would make you take a half day off and debit your fmla for 4 hours that day (there's allot of le-way in the way part time leave can be administered under fed statutes).