Legal Question in Medical Leave in Virginia
fmla and sick time
My mother was recently diagnosed with lung cancer and I would like to use fmla to assist with her care. I have little vacation hours accrued at work, but have almost 200 sick hours available. I cannot afford to take time off without pay. My company says I cannot take paid sick time to care for my mother. Can they do this?
1 Answer from Attorneys
Re: fmla and sick time
Yes, the employee may choose to substitute accrued paid leave for any part of the unpaid 12 weeks of FMLA leave.
See The Family and Medical Leave Act of 1993--
Sec. 102(d)(2)(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 (FMLA) leave...
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