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Maternity/FMLA/PTO question Pennsylvania

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  • Maternity/FMLA/PTO question Pennsylvania

    I am expecting a baby in April. My employeer's policy is that after the baby, I must use 5 of my own PTO days, then STD will kick in & pay me 70% of my salary for 5 weeks. I understand that my 12 weeks of FMLA will also run concurrently with this time, which I am fine with. However, after those initial 6 weeks, I'd like to take my last 6 weeks of FMLA, without pay, without having to use the remainder of my PTO, my company says this is not allowed. They say that I need to use all of my PTO (vacation,sick,etc) minus 5 days before I can take unpaid FMLA. BUT... if after my 6 weeks of short term I decide to take 2 additional weeks of PTO vacation time, my FMLA will run concurrently with that as well. Does this sound right? I understand that FMLA runs concurrently with any type of disability claim, but should it also run concurrently with my own PTO? That doesn't seem right to me. Thanks.

  • #2
    Yes, FMLA typically runs concurrently with PTO in most organizations. I generally tell people that PTO is how you are paid while on FMLA and FMLA provides job protection for the time you are out.
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson

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    • #3
      FMLA requires only unpaid leave. However, an employee may choose, or an employer may require an employee, to use any accrued vacation 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 an unpaid FMLA leave, but only if the employee takes FMLA leave for a reason for which the employee could otherwise use sick days.
      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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      • #4
        The law specifically grants the employer permission to require that you use PTO as part of your FMLA leave, so yes, it does sound right.
        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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