Legal Question in Medical Leave in Virginia
Limited paid Paternity leave
My employer limits the number of sick days that can be used when taking Paternity leave. Under FMLA, can't I use any accured days (sick or personal) that I have earned?
1 Answer from Attorneys
Re: Limited paid Paternity leave
An employee is entitled to up to 12 weeks of unpaid FMLA leave in any given year (assuming that the other conditions necessary for FMLA leave apply). The birth of a child of such employee or employee's spouse qualifies as a basis for such leave.
The employer under the FMLA rules can require the employee to first use any accrued vacation and or sick leave before taking unpaid FMLA leave. However, there is nothing in the rules (of which I'm aware) which allows the employer to limit or specify only a certain mount of such FMLA leave can be used for what you have termed "paternity leave".
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