Legal Question in Medical Leave in Michigan

Re: time off work

An employer may designate paid time off, such as paid vacation or "sick" days, as FMLA time. The employee also may use paid time for FMLA time, under certain circumstances.

If the employer wants to require that paid time be used, it must notify the employee within two (2) business days following the time that the employee notifies the employer that the employee requires FMLA leave. If the employer does not have enough information to determine whether the leave is FMLA leave, then this time period is extended until the time that the employer receives the necessary information to determine that leave is for a reason under the FMLA.

Note that the paid time is simply counted against the twelve (12) weeks of FMLA leave. The employee still is entitled to the full 12 weeks; however, the paid leave time runs concurrently with the FMLA leave.

You should contact an attorney or the U.S. Department of Labor in your area, to discuss the particular facts and circumstances which affect your rights and obligations. This response may not be relied upon as legal advice and it is not intended to be legal advice. No attorney/client relationship is created as a result of this response.

Stephen Scapelliti

Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.

39395 W. Twelve Mile Road, Suite 200