Legal Question in Medical Leave in Florida

Can my employer take away my vacation time?

My employer told me I have to use up all my sick and vacation time to use the Act. So I have done that all year after applying for the Family Leave.

Then when I had no more days in vacation or sick and needed time off and took a day off with out pay before the Thanksgiving Holiday, they refused to pay me for the two Holidays. I was not informed prior to taking the day off w/o pay. Is this legal?


Asked on 12/21/00, 6:05 pm

1 Answer from Attorneys
Kelly Henderson

Re: Can my employer take away my vacation time?

First, I think you may misunderstand your employer on one item. You do not have to use all your sick and vacation time BEFORE using FMLA leave. However, your employer can require you use your sick and vacation time as part of your FMLA leave before taking any unpaid FMLA leave. That sick time and vacation time you have taken, if used as part of FMLA leave, reduces the total FMLA leave you are eligable for in any 52 week period. As to holiday pay, if your company has a policy of not paying holiday time if you miss the day before or after a holiday, and many companies have such a policy, then I see nothing illegal. Check your employee handbook. If this is a policy that applies only to those employees on FMLA leave then that would be a FMLA violation.

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Answered on 1/03/01, 4:59 pm


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