Legal Question in Medical Leave in Pennsylvania

use of accrued paid time during FMLA

My company just issued a new policy that any employee who takes the 12 week FML must first exhaust all accrued paid time off before FML time can begin. There is no maternity leave or short term disability at my company. Is it my choice to take the enitre 12 weeks for the birth of my child as unpaid time and save my vacation/sick time until I return? Or can the company force me to exhaust all the vacation days I've accrued when I am prepared to be unpaid for my FML pregnancy leave?


Asked on 12/29/04, 2:15 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: use of accrued paid time during FMLA

Your company can force you to use paid time off under FMLA.

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Answered on 12/29/04, 2:54 pm


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