Legal Question in Medical Leave in Virginia

Earned Vacation

While on FMLA and following guide lines of this program. I do understand that one has the option to use paid earned sick or vacation time. Can a company automatically make you use that earned time until it runs out ie: 3 weeks vac. time earned. My place of employment has recently made that a policy to automatically deduct from these earned benifits. Is this legal under FMLA, to force one to use this benefit even if it is not chosen to do so by the employee. This is a benefit earned and should not be negotiated at the employers descretion due to using the FMLA program. I feel that I am being penalized, because of past employee's abusing the program, and the employer has enacted this policy to assure less and reaccurrent abusing of FMLA. Is this practical to force an employee to sacrifice because of past abuse by co-workers. Is there anything I can do besides sending a letter to my employer to reconsider this policy if it is legal for them to use along with the FMLA program.

Thank you, Faithful Employee 10 years.


Asked on 6/29/07, 8:05 pm

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

Re: Earned Vacation

Section 102(d)(2)SUBSTITUTION OF PAID LEAVE.--

(A)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)of subsection (a)(1)for any part of the 12 week period of such leave under such subsection.

The above quoted provision of the FMLA

clearly allows for the policy of your employer to which you've alluded in your question.

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Answered on 6/30/07, 3:06 am


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