JT2013

Injury at work

5 posts in this topic

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?

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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.

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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.

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