Legal Question in Medical Leave in Ohio
FMLA and scheduled vacation time
May an employer force an employee to use vacation time while on FMLA that has already been scheduled and approved? Employee will be taking FMLA time now (July), the vacation time is scheduled for (December).
Asked on 7/09/07, 11:33 am
1 Answer from Attorneys
Eileen Joyce
Baughman & Joyce LLC
Re: FMLA and scheduled vacation time
Yes. An employer can require that accrued paid leave (e.g., vacation time) be used for FMLA leave (i.e., to run concurrently) but in most cases, the employer must make the decision to do so within two business days of the employee giving notice of the need for FMLA leave.
The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.
Answered on 7/10/07, 4:12 pm
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