Legal Question in Medical Leave in Maryland

Re: Accrued Paid Leave in Conjunction with FMLA

Neither the actual FMLA statute or the regulations specifically state that an employer can charge leave time to FMLA when an employee does not want to take FMLA leave. However, the regulations say it is the employer's option to count leave as FMLA when they find out it is for an FMLA purpose. So it seems the employer can charge the leave as FMLA. (I am unaware of any caselaw on this specific issue, and the courts could interpret the law differently). But the employee is not under any obligation to request FMLA leave. Just ask to use your accrued leave as you normally would. You should not even have to give a reason, unless it is sick leave and the employer has a policy that allows it to request verification or certification of the illness by a doctor.

Also, remember that FMLA gives you reinstatement rights but regular accrued leave does not.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.