Legal Question in Medical Leave in Pennsylvania

Forced to use vacation time for FMLA

My wifes employer is forcing her to use vacation time or PTO while off on FMLA. Since her vacation time is earned over time, she has none left. At the same time, holidays are only paid if PTO time is used. Since hers was used for FMLA, she will not be paid for the holiday plus, she loses all monthly or quarterly bonus' because of the unpaid days. Is forcing her to use vacation time for FMLA legal? Thanks!


Asked on 5/27/08, 3:04 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Forced to use vacation time for FMLA

You asked about FMLA leave.

The employer has wide latitude about how to employ FMLA leave. As long as the policies are fair, implemented ahead of time and uniformly enforced then the employer will probably prevail. It is clear that employers may require employees to use all available sick time. Where employees are given a bag of PTO to be used for sick or other leave then all of such time is available for application before using FMLA leave.

This is a necessary component of FMLA as without it employees could otherwise use FMLA to take leave more liberally than they otherwise should. It doesn't seem fair when you look at it from the perspective of an employee with a need, but overall the policy is more fair to the employer and the employees.

Regards,

Roger

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Answered on 5/28/08, 1:17 am


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