Legal Question in Medical Leave in Virginia

Combining vacation with FMLA leave

I was injured on 11/1/2003. I had 11 days of vacation left which I used beginning on 11/3. Should my 12 week FMLA leave begin on 11/3 or at the end of my 11 days of vacation. My company says it began on 11/3. Now as of Jan. 1, I'm using my 4 weeks of new vacation. Does this still count against my 12 weeks? The company is threatening me with my job (of 21 years) if I don't return to work on Jan. 23, 2004. I had surgery on my leg when a tractor rolled on it and crushed it. I will not be released to work again until at least March 1, maybe later. I can't even put weight on my leg yet. I also have a disability policy through work. They started paying me 14 days after my first missed day. I'm being payed for my 4 weeks vacation this month. I'm still getting the disability and the company said just not to mention it to the disability company and I would get paid both. Help me!


Asked on 1/05/04, 2:44 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Combining vacation with FMLA leave

Your company can require that you first use any accrued vacation and/or sick leave as part of your 12 weeks of FMLA leave and, therefore, your period of FMLA leave would appear to have commenced on Nov. 3, 2003. I believe this requirement (although this may not be entirely clear)) refers to leave that the employee has accrued or is eligible for at the time of the initial FMLA leave request and not leave which he acquires later on after the FMLA period of leave has commenced.

You're collecting money from the disability insurance company while recveiving vacation pay from your employer would not appear to be ethical

at the very least, and, in all probability, is in violation of some provsion in your disability insurance policy which would be grounds for cancelling your policy if the insurance carrier were to learn of it, and, also, would very likely result in their demand that you refund(disgorge) these payments.

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Answered on 1/05/04, 5:48 pm


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