Legal Question in Medical Leave in Kentucky

My daughter in law is 6 months pregnant and my have to be off work on bed rest for a while, possibly until the baby is born. She has vacation time and sick days she would like to take but her employer is going to make her take FMLA starting the first day she misses work . Can they not let her take her vacation and sick days instead of FMLA? She is not sure how long she will have to be off and would like to keep her income since she has these ours built up and due her.


Asked on 12/10/11, 6:11 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

She can do both. FMLA just requires that she be given the time off and still keep her job. It doesn't require she be paid. If she has vacation and sick time, she should be able to use that time to be paid for (at least part of) her leave. She should talk to her human resources manager to clarify.

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Answered on 12/14/11, 5:35 am


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