[ultrix]

My question involves labor and employment law for the state of: Utah

my employer has a policy that i cant quite see as legal.

if you take FMLA time and its to take care of a family member or for military reasons then you get to choose if you want to use your paid time off or not

but if you take it for your own personal disablity then you are forced to use your paid time off, no options.

can your employer do this or is it discrimination against those with disabilities, from what i can see that is the only difference. some one with a disability taking FMLA is not giving a choice but some one with out a disability is giving a choice.

[cbg]

The FMLA statute very specifically says that an employee may request OR AN EMPLOYER MAY REQUIRE that the employee use any paid leave, including vacation, as part of their FMLA.

[ultrix]

yes but can they pick and choose who is forced to take vacation and who is given the choice? or do they have to treat those that file for FMLA for there own disability the same they treat people that file for FMLA to assist family members?

[cbg]

There is nothing in the law that says they can't make the distinction they have made. This is NOT illegal discrimination.

You do realize that not all, or even most, people who take FMLA are considered "disabled" under the law, right?

If they want to require employees who are off for their own illness to take PTO and not people who are off for the illness of a family member, and they are consistant in the application of that requirement, it is legal.