Legal Question in Medical Leave in Wisconsin

FMLA and Vacation Time

Can your employer request that you use your accrued vacation time BEFORE taking any unpaid time off (FMLA)?


Asked on 5/24/99, 2:12 pm

2 Answers from Attorneys

Dymond Steven Steven H. Dymond P.C.

Re: FMLA and Vacation Time

I offer no opinion legally becauise of the limited info. Read the company policies. If you are currently quailfied for FMLA then you may take it immediately. HTe comapny may require that your paid leave run concurrently with the unpaid FMLA. You may not be denied taking FMLA subjec to exhausting paid leave. Whatever you do, be certain to follow up and confirm all statemetns in writing so that if they try to retaliate against you later, there is a record of events.

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Answered on 5/28/99, 12:32 pm
Nilesh Patel Mahadev Law Group, LLC

Re: FMLA and Vacation Time

I can also offer only an informal opinion - first its to your benefit if the employer allows you to keep FMLA leave on top of your vacation. An employer can certainly request (don't confuse it with politely demand) that you use up your vacation first. If you don't want to, it depends on your policy and also your rights under WI law. Contact the department of workforce development to find out.

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Answered on 2/15/07, 6:46 pm


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