Can Someone Go on Vacation While on FMLA?

By Robert Palmer

If you are an employee in the United States, you might have heard about the Family and Medical Leave Act (FMLA). This act allows eligible employees to take up to 12 weeks of unpaid leave for certain medical or family reasons. But what happens if you want to go on vacation during that time

Can You Take a Vacation While on FMLA

The answer is not straightforward. The FMLA provides job protection for eligible employees who take leave for qualified reasons.

However, it does not provide any paid time off. So if you want to take a vacation while on FMLA, you need to use any available paid time off (PTO) or vacation time.

Using PTO While on FMLA

If your employer allows it, you can use your PTO or vacation time while taking FMLA leave. However, keep in mind that this will reduce the amount of time off available to you. For instance, if you take two weeks of PTO while on FMLA, you will have ten weeks of unpaid leave left.

It’s important to note that your employer cannot force you to use your PTO or vacation time while taking FMLA leave. It’s entirely up to you whether or not you want to use it.

How Does Taking a Vacation Affect Your FMLA Leave

Taking a vacation while on FMLA can impact your job protection under the act. If the reason for your leave is a serious health condition, taking a vacation might raise questions about whether or not your condition is severe enough to require leave.

For instance, if an employee takes two weeks of leave due to back surgery and then goes on a two-week beach vacation during that time, their employer might question whether their condition was truly severe enough to require leave.

That being said, there are valid reasons why an employee might want to take a vacation while on FMLA. For instance, if an employee is caring for a family member with a serious health condition, taking a break from their caregiving duties could be beneficial for their own mental health.

Key Takeaways

  • The FMLA provides job protection for eligible employees who take leave for qualified reasons.
  • Taking a vacation while on FMLA can impact your job protection under the act.
  • If you want to take a vacation while on FMLA, you need to use any available PTO or vacation time.
  • Your employer cannot force you to use your PTO or vacation time while taking FMLA leave.

Conclusion

In summary, the answer to whether or not someone can go on vacation while on FMLA is not straightforward. While it’s possible to take a vacation during your leave, it’s important to consider the impact it might have on your job protection and available time off. If you’re unsure about how taking a vacation will affect your FMLA leave, it’s best to consult with your employer or HR representative.