If you are planning to take Family and Medical Leave Act (FMLA) for health or family reasons, one of the most common questions that come up is whether you will continue to accrue vacation during your leave. The answer is not a simple yes or no, as it depends on various factors.
Understanding FMLA
Firstly, let’s understand what FMLA is. It is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for specific family and medical reasons. During this time, your job is protected, and your employer must continue to provide you with healthcare benefits as if you were working.
Accrual of Vacation Time
According to the FMLA regulations, employers are not required to allow employees on FMLA leave to accrue paid vacation time or any other type of paid time off. However, some employers may choose to do so as part of their company policy or collective bargaining agreement.
If your employer allows you to accrue vacation days during your leave, it is essential to understand the terms and conditions that apply. Some companies may require you to exhaust all your available paid time off before taking unpaid FMLA leave. In contrast, others may permit you to use your vacation days concurrently with FMLA leave.
Using Vacation Time During FMLA Leave
If your employer permits the use of vacation time during FMLA leave and you have accrued enough days, you can use them for additional pay while on leave. However, it is crucial to note that using vacation days does not extend the 12-week maximum limit of unpaid FMLA leave granted by law.
Another point worth considering is that using vacation days during FMLA leave may affect how much paid time off you have available when you return from your leave. If you exhaust all your accrued vacation days while on FMLA leave, there will be none left when you return to work.
Conclusion
In summary, the answer to whether you continue to accrue vacation during FMLA leave depends on your employer’s policies. While FMLA regulations do not require employers to allow vacation accrual, some companies may permit it. If you have any doubts about your company’s policy regarding vacation accrual and usage during FMLA leave, it is essential to consult your HR department.
Regardless of whether you continue to accrue vacation days or not, taking FMLA leave can be a challenging time for both you and your employer. By understanding your rights and responsibilities under the law, you can make the most informed decisions about how to manage your time off while ensuring job security and healthcare benefits.