Legal Question in Medical Leave in Michigan
FMLA and Vacation Time
According to FMLA, the employer may require its employees to exhaust their vacation prior to taking advantage of an FMLA leave. However, I understand that there have been cases arbitrated by the NLRB which have modified this provision with respect to employees covered under a collective bargaining agreement. Is it now true that employers cannot require union employees to take vacation first? If so, what are the NLRB cases pertinent to this issue?
1 Answer from Attorneys
Family Medical Leave Act - use of vacation time as FMLA leave.
The National Labor Relations Board cannot modify federal law, but it may interpret it. Whether that interpretation will hold up on appeal or be authority for another tribunal to follow is another issue. The facts pertaining to the particular collective bargaining agreement (CBA) must be considered when analyzing this matter. An attorney should review the CBA to determine whether the employer is acting within the terms the CBA, the FMLA, and the FMLA regulations.
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