Have you ever wondered if your FMLA (Family and Medical Leave Act) can run concurrently with your vacation time? This is a common question that many employees have, especially when they are dealing with a serious health condition or have a family member who is ill.
What is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for specific reasons, including:
- The birth of a child or placement of an adopted or foster child
- Caring for an immediate family member with a serious health condition
- The employee’s own serious health condition that makes them unable to perform their job duties
Can FMLA Run Concurrently With Vacation?
The answer is yes, FMLA can run concurrently with vacation time. If you need time off due to a qualifying reason covered under FMLA, you can use your available vacation time during the same period. In fact, many employers require employees to use their accrued vacation time while on FMLA leave to receive pay during their absence.
However, it’s important to note that while on FMLA leave, you are not expected to work or check-in with your employer. You are entitled to this time off for medical reasons and using vacation time does not change the nature of the leave.
Can an Employer Force Employees to Use Their Vacation Time?
Yes, employers can require employees to use their accrued vacation time while on FMLA leave. However, they must follow certain guidelines set by the Department of Labor (DOL). According to the DOL, an employer must provide written notice at least two weeks before any paid leave will be designated as FMLA leave.
Additionally, employers cannot require employees to use their vacation time in a way that would conflict with the FMLA’s purpose of providing job-protected leave for a serious health condition or family caregiving.
Is Using Vacation Time While on FMLA Leave a Good Idea?
Using vacation time while on FMLA leave can be beneficial for some employees who need the income or want to supplement their unpaid leave. However, it’s important to remember that you are entitled to this time off, and using vacation time should not be seen as an obligation.
It’s also important to consider the potential consequences of using vacation time while on FMLA leave. For example, if you exhaust your vacation time and still need additional FMLA leave, you will be without pay for the remainder of your absence.
Conclusion
In summary, FMLA can run concurrently with vacation time, but employers must follow specific guidelines when requiring employees to use their accrued vacation time while on leave. Using vacation time while on FMLA leave can be helpful for some employees, but it’s important to weigh the potential consequences before making a decision. Remember that you are entitled to this leave and should not feel obligated to use any available vacation time.