Legal Question in Medical Leave in Maryland
legalities of fmla
Under FMLA can we be forced to use our accrued benefit time for fmla? Our employer is maintaining that there is NO unpaid FMLA. It is my understanding of the case law that we may use up to 12 weeks unpaid time per year and still be guaranteed employment and our accrued benefit time up to the date of genesis of fmla. Thank you.
1 Answer from Attorneys
Re: legalities of fmla
Generally speaking, when the FMLA applies it permits a person to protect their job for 12 weeks when they need to take time off for a covered event (such as family illness, pregnancy/birth of child, etc.). That's really all. There is nothing to prevent an employer from adopting a policy that also counts some of the FMLA time as regular leave time (so long as the employer also pays for that leave time according to its ordinary practice and policies).
Please feel free to contact me if you have any further questions about this or any other legal matter.
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