Legal Question in Medical Leave in Illinois

Re: vacation

It might depend: do you have an employment contract that sets forth the policies for vacations and medical leave? What about employee policies/procedures manuals that you have read, signed, and agreed to? Technically speaking, and just speaking to the FMLA, if you are at a job which is required to allow you to take FMLA and you gave adequate notice and took only the FMLA time allowed under the statute and in accordance with the statute (your employer is not required to pay you your salary during an FMLA leave and you are entitled to only a certain number of FMLA weeks per year), then the answer is probably no. But, keep in mind that you may be required to use any existing vacation time, sick time, comp time, etc. before utilizing your FMLA time. So, if, for example, you were to take FMLA Dec. 31, 2007 through February 1, 2008, you would almost undoubtedly have to use your 2008 vacation time up since it ran the span of two actual years. It's going to depend upon the facts of your case, the length of time you took off, the contracts/policies in place at your employment, and the type of employment you have. I'd start with the text of the FMLA and familiarize yourself with it in the context of the facts of your case.