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Injury at work


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#1 JT2013

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Posted 18 January 2013 - 03:53 PM

I broke my arm at work and had to have surgery, drawing workers comp now and on FMLA. My question is, I want to know is it legal for my employer to take my vacation and sick days away from me?

#2 pg1067

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Posted 21 January 2013 - 03:49 PM

It is legal for your employer to insist that you use vaction and sick time first, before you use FMLA leave time. I assume that's what you meant.

#3 Tax_Counsel

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Posted 22 January 2013 - 01:17 PM

It is legal for your employer to insist that you use vaction and sick time first, before you use FMLA leave time. I assume that's what you meant.


As phrased, that’s not quite correct. The Family and Medical Leave Act (FMLA) rules do allow that the employer may require that you use your sick/vacation days as part of your FMLA time so that you don’t end up getting more than the 12 weeks of time off that the FMLA requires a covered employer provide to a qualifying employee. In other words, if you had 3 weeks of sick time available and qualified for FMLA leave, the employer may require that your 3 weeks of sick time count as part of the 12 weeks of FMLA time. So, in that case, 3 weeks of your FMLA leave would be paid and the remaining 9 weeks would be unpaid.

#4 FindLaw_Amir

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Posted 22 January 2013 - 01:29 PM

You may want to visit the Employment Law Center and read Family & Medical Leave as a good resource to learn more about your rights as an employee.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#5 JT2013

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Posted 22 January 2013 - 02:31 PM

Thanks for the replys,they were very helpful.




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