Legal Question in Medical Leave in Tennessee

Family Medical Leave vs. Sick leave

Is an employee of a school system required to use Family Medical Leave in conjunction with her accumalated sick leave? The teacher is having surgery and will need to take 30 days off from school. She wants to take her accumalated sick leave and not use Family Medical Leave. The system says she must use both.


Asked on 4/17/02, 8:58 am

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Family Medical Leave vs. Sick leave

The Family Medical Leave Act mandates that covered employers must grant workers up to 12 weeks of unpaid leave for covered medical conditions.

Paid sick leave is counted toward your FMLA leave. Employers may require that you take paid sick and vacation before you can use unpaid leave.

The FMLA does not extend your benefits. In other words if you have 1 week of sick benefits, the FMLA does not give you a total of 13 weeks. Your employer can require you to take your sick leave in the manner described.

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Answered on 4/17/02, 10:38 am


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