August 2013 Moms
ScarletOflaherty
member
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Anyone with HR/FMLA experience? Question about vacation time.
ScarletOflaherty
member
So, anyone have previous experience with FMLA and vacation time? I'd planned on using whatever vacation time I have left before my short-term disability kicks in(company requires 7 days), then STD pays 60%. I will be out almost all of August so that will be covered, September will be unpaid. I just realized my PTO rolls over on September 22, so that will be another 148 hours of paid time(I do not intend to go back after leave, but I'd prefer work not know this until during my leave. Anyone have any clue how this will work? Will they require me to come back in before I can use that PTO, or will I likely be able to use it during leave if I say I'll just take any additional days after that unpaid?
Due with #5 April 22, 2015. It's a girl!!!!!
Yes it was planned, yes we know what causes that, no we are not on public assistance, and yes we will be getting cable after this. 
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Re: Anyone with HR/FMLA experience? Question about vacation time.
My experience was this- 2 weeks paid disability prior to baby's arrival, 8 weeks paid after (due to C/S). FMLA I chose to take all at once, and that was 6 weeks. Then, I was unpaid. BUT, I cashed out 2 weeks of vacation, so I was never out money. I was off work from October 1st, through January 24th.
My company prefers that you use your vacation, but don't require it.
I plan to take 4 weeks before due date this time, but expect everything else to be about similar. Since I'm due at the end of the month, being off AFTER birth for 4 months isn't out of the question (go back in January). I don't plan to go back after leave either, except for maybe a week to keep health benefits that month. Then, I'll have around 2+ months of vacation pay to call upon. My employer also won't know I don't plan to come back until January 2014.
I'm pretty positive that you need to return to work for a certain number of weeks after you take maternity leave or else you are required to pay your employer back for the paid time off.
This applies as long as you don't work in CA (California has it's own crazy set of employment law that I am not familiar with): the FMLA does not mandate how an employee is paid while out on FML, it is up to the discretion of each employer. You will need to check your company policy regarding how your PTO will be distributed.
Also, a PP was right that the company can require you to pay back some (or all) or your medical expenses if you do not return from leave. Your best course of action is probably to return and give your 2 week notice.
Hope this helps. Good luck.
All of this, it does depend on your companies policy, but most of them safeguard by putting if you don't return after leave you must pay back X amount of the time you took.
A better way to do this would be to let them know you are leaving. At our company they will pay out your vacation time (but not sick days) on your departure (pending you weren't fired, then you get nothing). But this is company policy, not a nationwide standard.
Just to reiterate, this is a really shitty thing to do.
ETA- when I was on my last leave I only accrued PTO while I was on paid leave, as soon as that was up I stopped accruing until I come back, I'd assume that you have to be working to get your new set of vacation hours.
I work in HR and my only reccomendation is that every employer is different as well as state laws that can play into this on top of federal ones.
You should really go speak to your HR person and ask them what the company policies are. bring up that you have not decided yet what your plans are, but would like to know what would happen if you did stay home after your leave, etc. They can not discriminate against you for asking general questions so you know all your options.
Mommy to J: Born 5/11/2010 & B: Born 8/26/2013
Your question could have a variety of answers depending on company policy as well as state laws.
I will say I think it's crap that you have no intention of returning and you're lying to your employer. It makes the rest of us look bad, and perpetuates negative stereotypes about pregnant women and working mothers. But good luck to you.
IUI #4 BFP EDD 5.5.2012 m/c 10/1/2012
Surprise! BFP 12/4/12 EDD 8/8/2012
at my current company and all companies I've worked at, my PTO was on hold while you are out on STD. We accrue vacation, we don't get it in a lump sum, so say i get 3.35 hours for every week I work, well for those weeks I am out on STD, I don't accrue that vacation time anymore- it stops. It doesn't start again until i return to work, so I wonder if that could be the case for you. I've never had anywhere that still accrued or gave you vacation while you were out on leave.
Of course i had to use the 7 days (if i had it) of sick or vacation time first before STD kicked in, after that, i was paid 60% but no longer was getting vacation benefits/accruing time off. Same with holidays, if you are off on STD during a paid holiday, you don't get paid for it. the vacation thing has worked the same way for me on STD. You aren't working, so you aren't earning any. You might check, your "rollover" or new allotment of vacation time might not happen until you are back at work.
Oh and you might just check into the rules on the PTO- i am guessing you will have a fight on your hands to get that if you are in fact going to quit after only going back for a short time. But it is worth a try- but wouldn't count on it.
my first pregnancy, i took my STD and returned to work the week before Christmas. Our company (defense co.) closed for 2 weeks at Christmas every year (paid) to overhaul the manufacturing line. I worked in a professional capacity in marketing, but everyone got this benefit. So I returned a week before- worked for 3 days and then was eligible to get those two weeks off paid, since I had returned to full time duty. Now, not sure they would have paid me 148 hours of PTO if I had returned for a week and then left. But i guess it depends on the fine print in your HR docs too. Here, they overcome someone taking advantage of that now by accruing your vacation- you don't get it in a lump sum, you earn a little each week you work. bummer- i know! lol