Can FMLA and Vacation Run Concurrently?

By Michael Ferguson

The Family and Medical Leave Act (FMLA) is a federal law that provides employees with job-protected leave for certain medical and family-related reasons. One question that often comes up is whether an employee can use their vacation time while on FMLA leave. The answer is yes, but there are some important things to consider.

Running FMLA Leave and Vacation Concurrently

When an employee takes FMLA leave, they are entitled to up to 12 weeks of job-protected leave per year. During this time, their employer must continue their health insurance benefits and cannot terminate their employment. However, FMLA leave is unpaid, which means that employees must use any available paid time off (PTO) or vacation time if they want to receive pay while on leave.

Using Vacation Time During FMLA Leave

Employees can choose to use their vacation time during FMLA leave, which is known as running the two types of leave concurrently. This allows them to receive pay while on leave, but it also means that their total amount of protected leave time does not increase beyond the 12 weeks allowed by the FMLA.

It’s important to note that employers cannot force employees to use vacation time during FMLA leave. Employees have the right to decide whether or not they want to take vacation time while on leave, but it’s often in their best interest to do so if they need the income.

Coordinating Leave Requests

If multiple employees at a company request FMLA or vacation time at the same time, there may be some coordination required by the employer. For example, an employer cannot deny an employee’s request for FMLA leave just because another employee has already requested vacation time during that same period.

However, employers can require employees to follow certain procedures when requesting either type of leave. This might include providing a doctor’s note for medical-related FMLA leave or giving a certain amount of notice before taking vacation time.

Conclusion

In summary, FMLA and vacation time can be used concurrently, which allows employees to receive pay while on leave. However, employers cannot force employees to use vacation time during FMLA leave, and employees must still follow certain procedures when requesting either type of leave. By understanding their rights and responsibilities, both employers and employees can ensure that the use of FMLA and vacation time is fair and appropriate.