Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Apr 2009
    Posts
    3

    Default FMLA Time, Use Vacation or Not

    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.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA Time, Use Vacation or Not

    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.

  3. #3
    Join Date
    Apr 2009
    Posts
    3

    Default Re: FMLA Time, Use Vacation or Not

    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?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA Time, Use Vacation or Not

    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.

    1. Sponsored Links
       

Similar Threads

  1. Harassment: FMLA and Vacation Time
    By gw2535473 in forum Employment and Labor
    Replies: 2
    Last Post: 07-12-2011, 08:48 AM
  2. Disabilities and Accommodation: Employer's Requirement for Use of Vacation Time Before Unpaid FMLA Leave Begins
    By Vscheer in forum Employment and Labor
    Replies: 6
    Last Post: 04-18-2011, 01:26 PM
  3. Harassment: Forced to Use Vacation and PTO While on FMLA and Short Term Disability
    By Dave50 in forum Employment and Labor
    Replies: 3
    Last Post: 02-25-2011, 08:58 AM
  4. Disabilities and Accommodation: FMLA And Vacation Or Personal Days
    By kc8flq in forum Employment and Labor
    Replies: 2
    Last Post: 05-20-2008, 02:17 PM
  5. Disabilities and Accommodation: FMLA Leave and Vacation Time
    By jabarry in forum Employment and Labor
    Replies: 1
    Last Post: 02-21-2007, 03:07 PM
 
 
Sponsored Links

Legal Help, Information and Resources