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FLMA - VA Adoption Virginia

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  • FLMA - VA Adoption Virginia

    I work in VA for a non-profit with 56 employees. I have an employee who just adopted a child and is taking a month off to spend with his new child. HR is making him use his vacation leave. I did some research and I believe he can invoke FLMA and since we have paid sick leave, he can use his sick leave pay under FLMA. Am I correct? Or can our employee manual over ride FLMA law?

    PearlB

  • #2
    Originally posted by PearlB View Post
    I work in VA for a non-profit with 56 employees. I have an employee who just adopted a child and is taking a month off to spend with his new child. HR is making him use his vacation leave. I did some research and I believe he can invoke FLMA and since we have paid sick leave, he can use his sick leave pay under FLMA. Am I correct? Or can our employee manual over ride FLMA law?

    PearlB
    FMLA (unpd. job protected leave) can be taken for the adoption of a child.
    Your co. has enough employees.
    Has the employee worked for the co. for at least 12 mos. (do not have to be consecutive)?
    Has the employee worked at least 1,250 hrs. for the employer in the 12 mos. immediately preceding the leave?

    FMLA requires only unpaid leave. However, an employee may choose, or an employer may require an employee to use any accrued vacation days or unspecified paid time off (pto) days during an unpaid FMLA leave. In addition, an employee can choose, or an employer can require an employee, to use accrued paid sick days during an unpaid FMLA leave, but only if the employee takes FMLA leave for a reason for which the employee could otherwise use sick time.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Also, if your company and the employee are FMLA eligible, your company handbook cannot overwrite the law.

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