Legal Question in Medical Leave in Ohio

Accrued sick leave and FMLA

If I have sick leave time is my employer permitted to take my sick leave time (which I am paid for) and also take that time off of FMLA? I have over 100 hours in sick leave time built up and was told today that I have to have my heart Dr. fill out paperwork which will specify the time I have been off to have a pacemaker put in. I lift heavy boxes and files and have taken two weeks (35hrs.per week) and may have to take another week but will still have sick leave time left. I was advised by the office that they are also taking this time off for FMLA also, can they do this? Taking my time off in two different locations. If anything else would happen in this year then I would be cut short these weeks I am off. Also a co-worker was off 9 weeks for knee replacement and she had sick leave time built up but this is also taken off on her FMLA. Just doesn't seem correct to us, what if something else happens to us this year? Thank You.


Asked on 4/18/05, 8:47 pm

1 Answer from Attorneys

Eileen Joyce Baughman & Joyce LLC

Re: Accrued sick leave and FMLA

FMLA leave can run concurrently with other paid leave offered by the employer (and it often is designated by employers in this way to prevent employees from stacking paid leave and FMLA leave). The FMLA is designed to insure 12 weeks of leave for serious medical conditions; it was not designed to give employees an additional 12 weeks of leave beyond what is voluntarily provided by employers. There are Department of Labor regulations that impose certain notice requirements on employers in designating leave as FMLA leave, but some of them are up in the air because of a U.S. Supreme Court case that partially struck down one of these regulations often relied on by employees in claiming FMLA violations. Your post is not clear as to whether your employer�s notice (or lack of notice) is an issue, so I will address the notice requirements (which, because of the Supreme Court case, are not as clear as they once were). If lack of proper notice is an issue (e.g., if your employer designated leave as FMLA leave after the leave had already been taken), feel free to submit another post with additional details.

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Answered on 4/19/05, 10:10 am


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