Legal Question in Medical Leave in Virginia
fmla and unused vacation
Will i be required to use all my vacation, personal days, and sick days before qualifing for FMLA. Thank you.
Asked on 4/14/02, 11:26 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: fmla and unused vacation
Sec. 2612(b)(2)(B)of the Act specifies: "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 medical or sick leave of the employee
for leave provided under subparagraph(C)or (D) of
subsection (a)(1) of this section for any part of the 12 week period of such leave under such subsection...
The answer to your question then is, yes, your employer may require(but is not mandated to do so)
that you use the leave you reference prior to your
qualifying for FMLA leave.
Answered on 4/14/02, 1:47 pm
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