I have a coworker that has used all her paid sick and vacation time due to either being out with her own illness/surgery or her mother's illness. She now has cancer but is trying to continue to work. Recently she inquired if she could request a 5 day unpaid vacation. HR first told her yes but then later told her she would have to have a doctors note and it would be family leave.

Any laws on this. I'm aware of part time employees taking unpaid vacations all the time but not sure for a full time employee.

Thanks

The employer is not obligated to offer vacation, paid or unpaid. If your co-worker has used all the time to which she is entitled, the employer is not obligated to offer any more. The reason it was used is irrelevant. The law specifically allows an employer to require an employee to use sick, vacation and other paid leave towards their own illness or time off for a family member's illness. If she's used it all up, then that's that until she earns some more.

IF the employee has a medical reason that would qualify for FMLA (assuming that the employee has FMLA leave left over) the employer would have to allow that; however, the employer is quite within their rights to demand a doctor's certification.

In other words, the employer appears to be operating firmly within the law.