Do You Lose Vacation & Sick Leave While on FMLA?

FMLA allows for time to care for newborns or newly placed foster or adopted children.

The Family and Medical Leave Act (FMLA) is a federal regulation that protects the right of certain employees to take up to 12 weeks of unpaid leave under specific situations while maintaining a protected job status so they can return to work. Taking FMLA leave can impact accrued paid vacation and sick time. Not all employers are required to follow this regulation, nor are all types of jobs protected. It is crucial to understand your employer's status, your job type, eligibility and medical rights.

What Employers Are Covered?

The FMLA regulation is applicable to public agencies, local, state and federal employers, local educational agencies, and employers that have at least 50 employees.

Employee Eligibility and Acceptable Reasons for Leave

Eligible employees have worked for an FMLA-covered employer for at least 12 months for a minimum of 1,250 hours and work within 75 miles of the company location at which at least 50 employees are employed. Acceptable reasons to request FMLA leave include events such as the birth or adoption of a child, to help a family member experiencing a serious health issue or to handle a personal serious health issue.

What Happens to Paid Vacation and Sick Time?

Employers have the right to establish a policy requiring that accrued vacation or sick time must be substituted for unpaid time of during FMLA leave. Employees may also choose to use paid time in place of unpaid leave.

Examples

At the University of Pennsylvania, the school's human resource policies require that any employee taking FMLA leave must use paid vacation, sick leave and/or any short-term disability benefits at the same time as the FMLA leave. The portion of FMLA leave remaining after the use of their paid time off will be unpaid.

In the case of Rocky Mountain Health Care Services (RMHCS), similar to University of Pennsylvania, employees are required to use up all earned paid time off such as paid vacation and sick time at the same time as FMLA leave. However, RMHCS does not require short-term disability or other pregnancy benefits to be counted toward the 12 weeks the FMLA allows.

References

• U.S. Department of Labor; The Family and Medical Leave Act; 2011
• University of Pennsylvania Division of Human Resources; Policy 631: Family and Medical Leave; 2009
• RMHCS: Family and Medical Leave Act Policy, 2009;