Legal Question in Medical Leave in Pennsylvania
Counting FMLA Time
My date of surgery was 9/17. That was my regular day off. 9/18 & 9/19 were also my regular weekend days off. 9/20 was a comp day for working Labor Day; the 1st sick day I used postop was 9/21. On what day does my FMLA leave begin 9/17 or 9/21? Once my employer allowed me to return to work 4 hours/day a few days per week, I was required to use vacation time to make up the rest of my 40 hour work week; does the time I was off during these reduced work schedule weeks using vacation time count towards my FMLA leave? My employer requires vacation or personal time (not sick time) be used for doctor or PT visits, etc. Can this time be counted towards FMLA time?
1 Answer from Attorneys
Re: Counting FMLA Time
The act allows for 12 weeks of leave which may be taken consecutively or on a schedule you are describing. Your employer can only make you take such time off that you need. For example you need to leave two hours early three days a week for Physical Therapy. Your employer could not force you to take a half day off on days you had those appointments. So if it is medically necessary to take 16 hours a week off that is 40% of a 40 hour work week which is 2 days off FMLA leave.
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