Legal Question in Medical Leave in Virginia

Disability & FMLA & Accrued Leave time

Maternity Leave: Is it within the rights of the employer to require employees to use 1)STD time, 2)Accrued sick & vacation time towards the 3)12 weeks of FMLA time that by law must be offered to employees by employers (those who meet fed mandates to require it, that is)? Does it all have to come under the FMLA? If STD is being paid- how does that count against unpaid FMLA?


Asked on 10/31/07, 4:20 pm

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

Re: Disability & FMLA & Accrued Leave time

Yes, under FMLA rules employers are entitled to require that employees first use the kinds of accumulated leave you've mentioned. To wit: "IN GENERAL--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for leave provided under subparagraph

(A),(B), or (C)(FMLA leave) of subsection (a)(1)(Entitlement To Leave)

for any part of the 12 week period of such leave under such subsection".

See SEC. 102 LEAVE REQUIREMENT(d)(2)SUBSTITUTION OF PAID LEAVE (A)...

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Answered on 11/01/07, 8:15 am


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