Can FMLA Run Concurrently With Vacation?

By Michael Ferguson

Have you ever wondered if your FMLA (Family and Medical Leave Act) can run concurrently with your vacation time? It’s a common question, and the answer is yes. But there are certain things you need to know before you take that step.

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. This leave can be taken for reasons such as the birth or adoption of a child, serious health conditions of the employee or their family members, or military caregiving purposes.

Can FMLA run concurrently with vacation?

Yes, it can. Employers can require employees to use their vacation time while on FMLA leave, and this time will count towards their 12 week entitlement. This means that if an employee takes two weeks of vacation during their FMLA leave, they will only have 10 weeks left for FMLA-protected leave.

However, employers cannot require employees to use their vacation time during their FMLA leave. Employees have the option to use their vacation time or not.

What are the benefits of running FMLA concurrently with vacation?

Running FMLA concurrently with vacation may be beneficial for both employees and employers. For employees, it can provide them with additional income during their unpaid FMLA leave. They can use their accrued vacation time to receive pay while they are on leave.

For employers, it can simplify the administration of employee leaves by reducing the overall length of an employee’s absence from work. If an employee uses their accrued vacation time during their FMLA leave, they may return to work sooner than if they had taken unpaid FMLA leave alone.

What should you consider before using your accrued vacation time during your FMLA leave?

Before deciding whether or not to use your accrued vacation time during your FMLA leave, there are a few things you should consider:

  • Your overall FMLA entitlement: Remember that your FMLA entitlement is limited to 12 weeks in a 12-month period. If you use your vacation time during your leave, it will count towards this entitlement.
  • Your financial situation: Using your vacation time during your unpaid FMLA leave can provide you with additional income.

    However, if you have other sources of income or savings that can cover your expenses during this time, using your vacation time may not be necessary.

  • Your employer’s policies: Make sure to check with your employer’s policies regarding the use of vacation time during FMLA leave. Some employers may require employees to use their accrued vacation time, while others may allow employees to choose whether or not to use it.

The bottom line

Using accrued vacation time during an FMLA leave can be a beneficial option for both employees and employers. However, employees should carefully consider their overall FMLA entitlement and financial situation before making this decision. Additionally, it is important to check with their employer’s policies regarding the use of vacation time during FMLA leave.