Legal Question in Medical Leave in California
FMLA Mischarge of company
Hello, I have signed up for FMLA back in July of 2006 and it was to continue until July 2007. Since this was supposed to be unpaid time, the company I work for actually paid me for the time. I had to recently reapply for FMLA because I was gone for about a week to take care of my sick mom. Since I only have 16 hrs. of vacation time left for this fiscal year (I accrue vacation again in June of three weeks) they are now thinking of giving me a ''negative'' balance on my vacation.
I was wondering if this is legal due to a payroll error.
2 Answers from Attorneys
Re: FMLA Mischarge of company
FMLA only allows 12 weeks, so if the company has granted more, they are doing you a large favor.
Re: FMLA Mischarge of company
It is not uncommom for employees to use their accrued vacation and sick time, while they are on FMLA leave, so they can continue getting paid while they are out. Even if you did not request to be paid, you accepted payment. You can't require the employer to reset the vacation bank and pay more than they are obligated to. So, no, it would not be illegal to give you a "negative" balance if they overpaid you.
One thing you said doesn't make sense, however. You said you were on FMLA leave from July, 2006 to July 2007. This must be a typo because employers are only required to allow up to 12 weeks off, under FMLA, within a 12 month period.
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