question...

[DebbieB]

At my current company, it is required that an employee use all available vacation and sick time before they are allowed to take FMLA. This is a company with 5000+ employees across many states and this policy is posted clearly in the employee handbook and were all the legal postings are located. I cannot believe that my company is breaking the law by requiring vacation and sick time to be used first. So, I think that part of what your DH's employer was saying is accurate if that is their policy.

The rest sounds bizarre. I think I would be looking at seeking counsel.

I work for a large insurance company and our rules are the same. A coworker took FMLA to take care of her terminally ill mother-in-law. She had to take her earned vacation time first. When her FMLA ran out, she ended up not returning (her choice).

 

[TiggerStac]

I work for a large insurance company and our rules are the same. A coworker took FMLA to take care of her terminally ill mother-in-law. She had to take her earned vacation time first. When her FMLA ran out, she ended up not returning (her choice).

So did they get more than the 12 weeks or did the company make them take their vacation time and fmla at the same time? ? I don't understand why they would make you take vacation time...I guess it's just me. If I had 4 weeks of vacation time and FMLA ran at the same time..I would actually be paid vacation time and disability during the same time.

 

[powellrj]

So did they get more than the 12 weeks or did the company make them take their vacation time and fmla at the same time? ? I don't understand why they would make you take vacation time...I guess it's just me. If I had 4 weeks of vacation time and FMLA ran at the same time..I would actually be paid vacation time and disability during the same time.

I took it for the first time last year. How it worked for me was my FMLA started the first day I missed work. I had to use all of my vacation and personal days before my short term disability started. I was sent a letter when I started FMLA that if I didn't return to work by a certain date, I would be terminated. I was only given 12 weeks total which included vacation days which means in reality I only had 8 weeks FMLA because I had 4 weeks vacation.

 

[DebbieB]

So did they get more than the 12 weeks or did the company make them take their vacation time and fmla at the same time? ? I don't understand why they would make you take vacation time...I guess it's just me. If I had 4 weeks of vacation time and FMLA ran at the same time..I would actually be paid vacation time and disability during the same time.

I'm not sure, it was awhile ago and I wasn't privy to all the details. I just remember her being upset that she had to use her vacation time first, which meant when she came back she would have no time off for the rest of the year (I think it was early in the year).

 

[LuvN~Travel]

"Personnel" is the same department as "Human Resources." Most places changed the name, but not all. They do the same thing. I'm not 100% positive, but I think that the employee must use up any sick time, vacation, or leave before they can use FMLA. That's what I've heard from about 6,000 patients, anyway. But, I don't get into billing or money or anything.

I really know nothing about FMLA, but I know that the Cleveland Clinic has people who help the patients with it, so I'm guessing that the Mayo Clinic does, too.

So, you might call a social service person (none of them like to be called Social Service workers, but the title varies from place to place - if you ask for the Social Service person, you'll get whoever it is, lol) at the hospital and ask them if such a person exists.

I hope all goes well for you. Good luck!!

According to the federal law, you do not have to use up your existing leave, sick or annual before your FML kicks in. It kicks in the moment you qualify for any of the conditions that are covered under FMLA. The only thing that management CAN do is force you to use any existing paid leave, before you use any unpaid leave.
Kim

 

[DebbieB]

Here's a link to the department of labor:

http://www.dol.gov/esa/whd/fmla/

http://www.dol.gov/esa/regs/statutes/whd/fmla.htm#SEC_102_LEAVE_REQUIREMENT

d) RELATIONSHIP TO PAID LEAVE.--
(1) UNPAID LEAVE.--If an employer provides paid leave for fewer than 12 workweeks, the additional weeks of leave necessary to attain the 12 workweeks of leave required under this title may be provided without compensation.
(2) SUBSTITUTION OF PAID LEAVE.--
(A) IN GENERAL.--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for leave provided under subparagraph (A), (B), or (C) of subsection (a)(1) for any part of the 12-week period of such leave under such subsection.
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I think the key word is "substitute". So the paid time you take (or they make you take) would count against the 12 weeks.

 

[bettyann29]

wow.. sorry he's having such a hard time with them helping with the FMLA.. My work actively encourages using it.. Im having a minimal procedure in the drs office and they want me to fill out the form that way anytime I miss wont go against me as we get occurrences for any time missed from work other than vacation and this way I can take a few sick days off and it wont go against me..

 

[lauramae76]

At Wachovia, we are giving the 12 weeks for FMLA plus they give us a extra 4 weeks on top of that. For a total of 16 weeks of FMLA time. I was lucky that I took FMLA time, no pay but my dad helped cover my missed pay. If my dad every got sick again, yes I would take FMLA in a heart beat. Family comes FIRST, at what ever cost. good luck!!

 

[slk537]

Thanks everyone!