If you are an employee who needs to take a leave of absence for medical reasons, you may be eligible for the Family and Medical Leave Act (FMLA). FMLA provides job protection and continuation of health benefits during the leave.
But what about vacation time? Does vacation accrue while on FMLA? Let’s discuss.
What is FMLA?
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:
- Personal or family member’s serious health condition
- Birth, adoption, or foster care placement of a child
- Qualifying exigency due to military service of a family member
- Care for a covered service member with a serious injury or illness
Does Vacation Accrue While on FMLA?
The short answer is no. Vacation time does not accrue while an employee is on FMLA leave because they are not actively working. However, some employers may allow employees to use their accrued vacation time to supplement their FMLA leave and receive pay during that time.
How Does Using Vacation Time Affect FMLA Leave?
If an employee uses their accrued vacation time while on FMLA leave, the time spent using vacation days counts towards the 12-week limit under the law. For example, if someone takes six weeks of unpaid FMLA leave and uses two weeks of accrued vacation time during that period, they would only have four weeks of unpaid FMLA leave remaining.
Can Employers Require Employees to Use Accrued Vacation Time During FMLA?
Yes, employers can require employees to use their accrued vacation time during their FMLA leave. This is known as “substitution” of paid leave. However, employers must follow certain rules when doing so:
- Employees must be informed in advance that they will be required to use their vacation time during FMLA leave.
- Employers cannot require employees to use more than two weeks of accrued vacation time.
- Employees must still meet the eligibility requirements for FMLA, even if they have used all their vacation time.
Conclusion
In summary, vacation time does not accrue while on FMLA leave. However, employees may be able to use their accrued vacation time to supplement their FMLA leave and receive pay during that time.
Employers can also require employees to use their accrued vacation time during FMLA leave, but they must follow certain rules. It’s important for both employers and employees to understand these rules and how they apply under the law.