If you are planning to take leave under the Family and Medical Leave Act (FMLA), you may be wondering if you will continue to accrue vacation time while you are away from work. The answer to this question is not straightforward and can vary depending on your employer’s policies.
What is FMLA?
The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period for certain family and medical reasons. These reasons may include the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, or dealing with your own serious health condition.
Accrual of Vacation Time
While FMLA provides job protection during your leave, it does not require employers to continue paying your salary or benefits. Therefore, whether you will continue to accrue vacation time while on FMLA will depend on your employer’s policies.
Some employers may allow employees to continue accruing vacation time during their FMLA leave. However, others may have policies that state that employees only accrue vacation time while they are actively working. In such cases, employees who take leave under FMLA may not accrue any vacation time during their absence.
Can I Use My Accrued Vacation Time During FMLA?
Even if you do not continue to accrue vacation time while on FMLA, you may still be able to use any accrued vacation time before or after your leave. Some employers require employees to use their accrued paid time off (PTO) during their FMLA leave period before they can take unpaid leave. Check with your HR department or employee handbook for specific details about your employer’s policies.
What Happens to My Benefits While on FMLA?
Under the law, employers must maintain an employee’s health insurance benefits during their FMLA leave period. However, the employee is still responsible for paying their portion of the premiums. If an employee fails to pay their portion of the premiums while on leave, the employer may be able to terminate their health insurance coverage.
- Employees are entitled to return to their same or equivalent job after FMLA leave.
- Employers must maintain an employee’s health insurance benefits during FMLA leave.
- Employers may require employees to use their accrued PTO during FMLA leave.
In Conclusion
While FMLA provides job protection during your leave, it does not guarantee continued accrual of vacation time. Employers have different policies regarding this and employees should check with their HR department or employee handbook for specific details. It is important to understand your employer’s policies before taking FMLA leave so that you can plan accordingly.
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