Legal Question in Medical Leave in Michigan

FMLA and Sick or leave credits

I have a lot of sick hours and recently had to be off of work due to surgery and I did not request FMLA as I had the time to cover. I work for the State of Michigan and my HR rep said that because I was asking for more than 4 days off, I have to apply for FMLA. My question is if I have enough leave credits then aren't I being charged double as I used my sick time and am now down to 10 weeks of FMLA in case something happens.


Asked on 6/10/07, 8:59 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: FMLA and Sick or leave credits

Generally speaking, the employer can run FMLA leave concurrently with any other sort of paid leave. Of course, this presumes that the reason for the leave is something that would be covered by the FMLA otherwise. If not, you can't be forced to exhause FMLA leave for non-FMLA covered time.

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Answered on 6/12/07, 12:08 pm


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