If you are an employee who is considering taking time off work due to a medical condition or to care for a family member, you may be wondering whether your vacation time will continue to accrue while you are on FMLA leave. The answer is not straightforward and can depend on various factors such as company policy, state laws, and the type of leave you are taking.
What is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period for certain medical or family reasons. These reasons include:
- The birth, adoption, or foster care placement of a child
- The employee’s own serious health condition
- The serious health condition of a spouse, child, or parent
Does Vacation Accrue While on FMLA?
Company Policy
Whether vacation time accrues during FMLA leave can be determined by your employer’s policy. Some companies may allow employees to accrue vacation time while they are on FMLA leave.
However, other companies may have policies that state that vacation time does not accrue during unpaid leave periods such as FMLA. It’s essential to check with your human resources department or review your company’s policies if you plan to take an FMLA leave.
State Laws
Some states have their own family and medical leave laws that provide additional protections beyond the federal law. These state laws may require employers to allow employees to accrue vacation time while they are on unpaid family or medical leave.
In some cases, these state laws also provide paid family and medical leave benefits. It’s vital to check if your state has its own FMLA laws and what benefits it offers.
Type of Leave
Whether vacation time accrues during FMLA leave can also depend on the type of leave you are taking. If you are taking intermittent FMLA leave, that is, taking small blocks of time off work for medical reasons, your employer may allow you to use your vacation time to cover some or all of your missed workdays. In this case, vacation time may continue to accrue while you are on FMLA leave.
Conclusion
In summary, whether vacation time accrues while on FMLA leave can depend on various factors such as company policy, state laws, and the type of leave you are taking. It’s crucial to check with your employer’s human resources department and review your company’s policies if you plan to take an FMLA leave. It’s also essential to understand your rights and protections under both federal and state laws regarding family and medical leave.