Legal Question in Medical Leave in Maryland

Re: Can you make-up FML sick leave by working extra hours?

I can not find anything in the regulations which supports the company's belief that they cannot allow you to make up time. There is no such prohibition, nor would it violate the Fair Labor Standards Act (FLSA) which regulates wages and overtime and is often implicated in FMLA situations.

Section 825.207 of the regulations says that an employer may force an employee to use personal or vacation time to cover time off for FMLA reasons, but not sick leave. And, again, there is no prohibition against making up sick time, regardless of whether one can be forced to use it to begin with.

Try to find out exactly which provision of the law the company is relying on. If you can find it, send me an email and I'll be glad to check it out for you. Otherwise, you can tell the company there does not seem to be any legal support for their position, so perhaps they will reconsider.

Bear in mind, though, that there is no mandate that the company allow you to make up the time. Your strongest argument is that you should not be discriminated against just because you are using FMLA leave. So, if others can make up time (as you say they can), those on FMLA leave should be able to as well. Otherwise, the company is arguably actually violating the FMLA, rather than complying with it as they allege.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.