Legal Question in Medical Leave in Mississippi

Accrued Leave

is it required by fmla to take all of my accrued and earned leave, or is it a company decision to require me to take all of my leave when i give birth. i did not want to take all of my leave that i have accrued for the year 2000. i was aware that i was required to take vacation that i have earned for this year not accrued time for the year 2000, which otherwise i would not eligible to receive until oct 25, 1999. i am well aware the remaining time that i will be out will be unpaid leave. i do not wish to take my accrued leave for next year.


Asked on 5/26/99, 9:32 am

1 Answer from Attorneys
Dymond Steven Steven H. Dymond P.C.

Re: Accrued Leave

Although I offer no legal opinion. I offer th efollwoign comments. The FMLa permits your employer to require you to use accrued paid leave concurrently with the unpaid FMLA leave. SInce you do not earn, presumably , your paid l;eave for 2000 until a later time (after the FMLA leave) this cannot be required, because its not yours to use yet/ Furhter, the company is making a possible problem in precedent, as this may indicate that an employee may use future leave before they earn it. Good Luck

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Answered on 6/02/99, 11:54 am


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