Legal Question in Employment Law in Pennsylvania

FMLA Elimination Period

In one of my Union contracts it states that employees have the right to choose when to take their vacation. However, when they go out on FMLA we have been deducting accrued vacation time during the elimination period (first 9 days). After doing some research, I have discovered that if there is language in a CBA which specifically states the employee has the right to choose their vacation, and we deduct it during the elimination period we are in violation of the CBA. Am I correct that we are in violation of the contract?


Asked on 5/06/08, 6:04 pm

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

Re: FMLA Elimination Period

You asked about FMLA leave.

Employers have some discretion in implementing FMLA. This may include the ability to determine how to allocate other general leave programs and FMLA.

In this case you are concerned that your FMLA policy violates contract provisions in CBAs with unions representing your employees. I am not aware of a case that offers guidance on your situation. I would posit that an argument can be made for either side regarding the policy.

You should speak with an attorney that can review and update your policies to comply with the law, the CBAs and your need to manage your employees.

Call me if you would like to proceed.

Regards,

Roger

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Answered on 5/06/08, 9:41 pm


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