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Is it legal for paid time off to run concurrently with fmla? North Carolina

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  • Is it legal for paid time off to run concurrently with fmla? North Carolina

    The reason I am asking is because I used a month of my accrued paid time off during the first part of my leave of for medical abscense. I am still recovering from major foot reconstruction surgerey and still unable to walk well. My job requires 8 hours of standing for which I would need to be full weightbearing off crutches. In two weeks my fmla benefits expire. Technically I have only used 8 weeks of fmla. Just curious here as the law does state 12 weeks of unpaid time. I was paid for 4 weeks. Worse case scenario I get fired and have to look for another job.

  • Betty3
    replied
    The 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 sick days during
    any unpaid FMLA leave, but only if the employee takes FMLA leave for a reason for
    which the employee could otherwise use sick days.

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  • cbg
    replied
    Also FYI, the FMLA statute very clearly gives the employer permission to require that you use your paid time off as part of your FMLA. It's not even one of the many "It's legal because the law doesn't say it isn't" scenarios we so often run into; in this case the employer's right to require that you burn your paid leave as part of FMLA is statutory.

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  • Pattymd
    replied
    Originally posted by Velvetrain View Post
    Thanks for your response. Well it worked to my advantage then because the comany I work will not payout your pto if you are terminated.
    Just FYI:

    Does an employer have to give its employees vacation time off with pay?
    No. Vacation is a wage benefit that may or may not be provided at the discretion of the employer. However, if the employer does promise vacation pay or vacation time off with pay, then the employer must have a written vacation policy which clearly explains how the vacation is earned and how it can be taken. Also, any earned vacation must be paid at termination unless the employer has a written forfeiture clause which clearly explains how the earned vacation can be taken away.
    http://www.nclabor.com/wh/faqs.pdf

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  • Betty3
    replied
    You're welcome.

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  • Velvetrain
    replied
    Thanks for your response. Well it worked to my advantage then because the comany I work will not payout your pto if you are terminated.

    Leave a comment:


  • Betty3
    replied
    You can get up to 12 weeks of unpd. FMLA leave if you are disabled that long.
    Yes, it's legal to use PTO during FMLA - that way you get paid while off on
    what would be all unpaid leave.

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