Legal Question in Medical Leave in Florida

Use of accued sick leave for FMLA

I am due to have a baby in the next month. My mother would like to come and help me out for a week, due to a difficult pregnancy. Her employer said that if she wanted to use family medical leave act that she would not get paid. She has a couple of hours of sick leave and would like to use some of that as FMLA. Her employer said no, FMLA is not paid. My employer allows for use of sick leave under FMLA. What does the law say? Can her employer deny use of sick leave for FMLA.? She is a full time employee for ten years with an airline, and could never use all of her sick leave.


Asked on 5/23/98, 4:07 pm

1 Answer from Attorneys

Craig Crispin Crispin Employment Lawyers

Sick Leave for FMLA

Under the FMLA, an employer may allow the use of sick leave, but is not required to. Some states have state medical leave laws that differ somewhat from the federal FMLA.

The comments contained in this response are not intended as, and should not be relied on as, specific legal advice. These comments are for general guidance only. If you need specific advice for a particular problem, you should consult a lawyer in person.

Please be aware that you have only a limited time in which to bring a legal claim. If you delay, all your right to pursue your claim may be lost forever. The limitations periods for different kinds of claims are of different lengths of time, and when the time begins to run can be difficult to determine in some cases. Do not delay. Act promptly if you intend to pursue a legal claim.

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Answered on 6/19/98, 12:57 am


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