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  • FMLA question Ohio

    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR825.207.htm

    can someone please explain when it talks about substituting vacation leave for unpaid FMLA leave.?
    my company is trying to make people take their vacations for an FMLA leave.
    can they do this or must it be agreeable to both sides.?

    i took one day of FMLA leave for my sick father and when i looked at my pay stub yesterday it had me down for vacation pay the week i took the FMLA.

  • #2
    Joe is correct. Unless you have a bona fide contract or there is a state law that says otherwise (and in Ohio there is not), the employer may require that you take a vacation day for FMLA time whether you want to or not. Sorry.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      A little bit of expounding:

      The view on making one take paid leave during times of FMLA goes something like this: It's not fair for one to have 12 weeks of leave time, only to return and have a week worth of sick pay and a couple weeks vacation on the books, and to leave to burden on their coworkers and supervisors even longer.

      Most companies I have been at require employees to exhaust all forms of paid leave concurrently with FMLA.

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      • #4
        Lame or not, I'm going to be a fairly angry and hostile coworker if the person sitting in the cube next to me has been off 12 weeks, let's say at the beginning of the year. And then, on top of that, my boss tells me I have to pick up the slack another couple of weeks later in the year while they are out on VACATION???

        Stacking of policies can occur.

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        • #5
          And since we're not here to debate what the laws ought to be or whether it's fair or unfair to adhere to the law as it stands, and since we all agree that it is legal for the poster's employer to require the use of paid leave during FMLA unless there is a contract that says otherwise, I think we'll end this BEFORE it gets ugly.

          eternal infero, if you have additional questions related to this thread, send me a PM and I'll see that you get a chance to post them.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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