I work in management for a large, international company and am due to have a child within the next three weeks. I qualify for FMLA, but that is not the problem. When I found out that I was pregnant, I kept my remaining week of vacation to be used as income for leave. I had read through the policies regarding leave of this nature and it stated that I could use one week outside of vacation outside of FMLA if I even desired. When I first contacted HR back in July with questions, I discussed this as well as the whole topic of STD (six weeks paid). Everything was fine then, but I recently called back once I hit the four week until due date and was told differently. I am being told that I can't use my vacation pay as well as my STD as methods of income during leave. I could use a week of vacation, but only receive five weeks if STD. Or I could forfeit my vacation and just get my STD pay. I am really confused and frustrated because I know people elsewhere who saved their vacations to take care of income while on leave. I do not want to give up my vacation or remaining personal days as well as losing any weeks of STD income. I was planning on taking at least 10 weeks off for leave, but did not count on this. Thanks for any help.

Could we have the name of your state, please (where you work) - thanks.

Nebraska. Sorry, that might help.

Under FMLA you are supposed to be able to take vacation to get paid while off on leave.

I can't read your STD policy provisions (which is apparently through your employer) but I would think you would get the 6 weeks of STD & then be able take a vacation week to get an add'l. week of pay. Or some STD policies have a 1 week waiting period so you could take the vacation week then to get paid before your 6 weeks of STD starts.

I'm not sure why you can't do the above unless it's in the policy provisions that they don't have to allow all of the STD if you take any other PTO. Maybe someone else will have an opinion or reason as to why you can't.

It's entirely an internal thing - there are no laws (in any state) about when you can or cannot be required to use or are prohibited from using vacation.

It's entirely an internal thing - there are no laws (in any state) about when you can or cannot be required to use or are prohibited from using vacation.

Not true. In CA, an employer can require the use of vacation time under CFRA and can also require use of sick time if for the employee's own serious health condition.

You have a point - the employer can require, and the employee can request the use of vacation during FMLA under Federal law. However, the reason for such a requirement is to provide the employee with some income when there is paid leave available during a period of unpaid leave. Where there is already income replacement in effect, the law is not going to force the employer to let the employee double dip. Even in CA.

And the poster is not in CA, so the point is moot.

You have a point - the employer can require, and the employee can request the use of vacation during FMLA under Federal law. However, the reason for such a requirement is to provide the employee with some income when there is paid leave available during a period of unpaid leave. Where there is already income replacement in effect, the law is not going to force the employer to let the employee double dip. Even in CA.

And the poster is not in CA, so the point is moot.

I'm not sure that's true, either. In any event, you made the statement that there were no laws "in any state." So, I was clarifying.

There are no laws in any state allowing an employee to double dip. Will you accept that?

Per a HR newsletter I have re FMLA, STD & PTO: Many programs require that an employee be out of work for up to a week before they can start to collect disability benefits. You or your state's program, if it has one, may require the employee or the employee can request to use up their accrued sick days or vacation days before their disability benefits kick in. This would be at full pay.
Or to extend their maternity leave beyond the length of their STD benefits with pay, they may or you can require they combine unused vacation time, sick leave, and personal days and have them kick in where their STD benefits leave off.

This doesn't sound *exactly* like double dipping to me. They aren't getting paid for the same days twice. However, I "guess" co. policy can rule somewhat where STD and PTO are involved.

add info: It seems some companies may want the employees to use their vacation & other PTO before or after STD is payable - otherwise, they would have to allow them to use the PTO later anyway. I don't exactly see why OP's employer is only giving 6 weeks total (vac./STD) combined - seems she would be entitled to both - I don't see this as double dipping. (not getting paid for the same time twice) I "guess" it is a co. policy rules - kind of contradicts the above info though where they can take both.

There are no laws in any state allowing an employee to double dip. Will you accept that?

Well, no. In fact, in CA, you can collect SDI and receive vacation pay at the same time because vacation is not counted as "income" that will reduce SDI benefits.

re my post #10 - this is where FMLA is always involved re employee being able to take PTO or employer requiring it even if STD is *also* paid. (It's not paid at the same as STD but before or after it.) If you don't take your vacation/PTO during FMLA or your employer doesn't require it, you don't lose it -- you can take it later so you're still getting it. That's why some employers require it - so employee doesn't have it/more time to take later after already being off for FMLA. I would think OP's employer would not make her give up her week of vacation if she takes the 6 wks. of STD or only get 5 wks. STD if she takes a wk. of vacation (not taking vac. the same wk. she is getting STD) but for some reason it "may" be ok. (ie co. pol., STD pol. prov.) This is apparently co. provided STD & not a state plan (state doesn't have one) but per my newsletter ref. seemed it didn't matter but maybe it does. Sorry for rambling on here.