3rd Trimester

FMLA Question

I'm eligible for the 12 weeks of unpaid family medical leave through work.  I also have about 30-40 days of paid sick and vacation time.  Are these 30-40 days in addition to the 12 weeks of unpaid time or is it 12 weeks only?  HR wants to wait until late January to figure out my leave, but I'm trying to get an idea now of the maximum amount of time I can take off with her.
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Re: FMLA Question

  • It depends on your company. My company makes you use up your available sick and vacation time during leave.
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  • It depends on your company's policy.  At my company, we require employees to use paid benefits (including paid time off) concurrently with unpaid FMLA leave.  So, if you have 30 paid vacation days, and 60 unpaid FMLA days (12 weeks, 5 days per week), then you would get 30 paid days and 30 unpaid days. 

    Also, if you get Short Term Disability in addition to FMLA, that might impact your situation.  My company offers 6 weeks of STD at 100% pay.  So you would get 30 days paid as STD, 30 days paid as your vacation days, and that would make up your entire 60-day FMLA leave. 

    But again, depends on company policy...

  • Most employers require you to substitute any accrued paid leave for unpaid FMLA leave.  Your employer can always be more generous, but typically the paid leave runs concurrently with the 12 weeks of unpaid FMLA leave.
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  • Totally depends. You just have to ask. I get 6 weeks paid through a combo of short-term disability and my accrued sick time. The second 6 weeks are unpaid unless I use vacation time. I cannot use sick time to get additional pay (unless I am medically still unable to work and am not released by my doctor).
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  • The way my company works is that you have to use any accrued PTO/Vacation/Sick Time during FLMA - as people above have said as well

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