Legal Question in Employment Law in Kansas
Federal Medical Leave Act
Can an employer use your vacation and personal time to cover your FMLA. Example I off 8 hrs using fmla they take 8hr of my personal time and also deduct 8 hrs from my FMLA time. Which they make it seem like I've used 16 hrs instead of 8.
1 Answer from Attorneys
Re: Federal Medical Leave Act
The answer is yes. Under the law, when you are on FMLA time, the employer can require you to use up your paid leave time as part of the FMLA time---they both run at the same time. The purpose of the law was to give employees 12 weeks leave, not necessarily paid, with employers who might not have provided leave time for their employees. It was not intended to be stacked on top of other leave that employees have. The good thing is that if the employer is showing your leave time as FMLA time, the absences cannot be used against you for any performance evaluation or discipline issue.
Michael M. Shultz
shultzemploymentlaw.com
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