If you are an employee in the United States, you may have heard of the Family and Medical Leave Act (FMLA). It is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave for specific family or medical reasons.
But what happens if you want to take vacation time while on FMLA leave? Can FMLA and vacation run concurrently? Let’s find out.
What is FMLA?
Before we dive into the answer, let’s understand what FMLA is and who is eligible. The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. Eligible employees must have worked for their employer for at least 12 months, have worked at least 1,250 hours in the past 12 months, and work at a location where the employer has at least 50 employees within a 75-mile radius.
FMLA can be taken for specific family or medical reasons such as:
- The birth of a child
- The placement of a child for adoption or foster care
- The care of an immediate family member with a serious health condition
- An employee’s own serious health condition
Can FMLA and vacation run concurrently?
Now that we know what FMLA is let’s answer the question – can FMLA and vacation run concurrently? The answer is yes.
According to the Department of Labor (DOL), employers can require employees to use their accrued paid leave such as vacation or sick time while on FMLA leave. This means that if you want to take paid vacation time while on FMLA leave, your employer can require you to use your accrued vacation time.
However, there are some things you need to keep in mind:
- Your employer cannot require you to use your accrued paid leave, but they can offer you to use it.
- If you decide to use your accrued paid leave, it will count towards your 12-week FMLA leave entitlement.
- Your employer must follow their policies and collective bargaining agreements when it comes to using accrued paid leave while on FMLA leave.
What should you do?
If you are planning to take FMLA leave and want to use your accrued paid leave, the first thing you should do is check with your employer’s policies. You can also consult with HR or your supervisor to get a better understanding of how it works.
In conclusion, FMLA and vacation time can run concurrently if your employer allows it. If you want to take vacation time while on FMLA leave, make sure to check with your employer’s policies and understand how it affects your 12-week FMLA entitlement.