Legal Question in Medical Leave in Florida

''FMLA or Disability, Concurrently''?

I marked off from work 12/23/05 FMLA. After being off 4 days from work, I began temporary disability status. I was compensated via the disability status. Upon returning to work 04/02/06 I was notified I had exhausted all of my FMLA entitlements. Since I was on disability and being compensated as such, how can FMLA & disability be counted at the same time? If I had marked off sick instead of saying ''mark me off FMLA'' I would have retained all my FMLA entittlements. Is this legal? This looks like a new way for employers to exhaust entittlements that were enacted to protect people from losing there jobs to start with. Now I have no FMLA leave left and my medical problems are usually at there worst in the winter months.


Asked on 6/27/06, 10:06 am

1 Answer from Attorneys
Mayra Colon Colon Partners, P.A.

Re: ''FMLA or Disability, Concurrently''?

In some cases, your employer may count other leaves towards FMLA leave. FMLA leave is unpaid leave. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins. So this will be a question in your case. If you wish to consult with an attorney, you may contact our offices to schedule a phone or in person consultation. Good luck! [email protected]

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Answered on 6/27/06, 7:09 pm


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