Legal Question in Employment Law in California

Employer exhausting Vacation Time and FMLA Leave

I am on FMLA in California. My job has exhausted my sick time and now they are trying to exhausted my vacation time. I have benefits through my job and my employer stop paying for my benefits since I am FMLA. I requested that they dont use my vacation time. Since, I am on state disability. My employer stated they have to use my vacation time. I requested there decision in writing, because there is no ruling in our personal books about this matter. However, they have not provided me this information in writing that they have to exhaust my vacation time.

Meanwhile, I went online to the CA labor site and research this matter FMLA and it stated that an employer ''may'' exhaust time. If its at the discretion of my employer, should my job have established a position on exhausting time for FMLA leave regarding vacation time and sick time in the personnel books.

I need help, my employer is not responding and what can I do to resolve this?


Asked on 2/25/09, 3:12 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Employer exhausting Vacation Time and FMLA Leave

If and when you are denied legally protected leave, or are illegally discriminated or retaliated against, then you can consider legal claims.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA/CFRA maternity/medical leave, continuation of group health benefits, restoration to the same or an equivalent job upon return to work, with accrued benefits. They can require use of your accrued leave.

Now, if they violate those rules, contact me for the legal help you'll need.

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Answered on 2/26/09, 9:03 pm


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