Legal Question in Medical Leave in Wisconsin

maternity leave and FMLA

While on maternity leave under FMLA am I required to take my sick leave and vacation time? I am being told by my HR department that I am only allowed to take 2 weeks unpaid, and then I MUST take my banked sick/vacation hours. I am very confused. The other issue is that the lady down the hall is also pregnant, and she is not being told the same thing from another person in HR. Who is correct?


Asked on 6/12/07, 10:59 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: maternity leave and FMLA

Generally speaking, the federal law permits employers to require that you use up any paid leave benefits (e.g., sick and vacation time) concurrently with your unpaid FMLA leave time. However, employers should be consistent in their application of policy. Where they are not, you should ask why. This may be an area where you want to consult with a local attorney experienced with labor and employment issues to help you work through the situation.

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Answered on 6/12/07, 11:36 am


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