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FMLA North Carolina North Carolina

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  • FMLA North Carolina North Carolina

    Hello, I just recently located this forum after being put on FMLA.
    I have been out of work since 4/2/2007 and exhausted all of my sickleave.
    I worked only 18.5 hours in that time frame. I have been out for one problem, leg pain that ultimately was diagnosed as a blood clot.
    My doctor put me out of work for 2 more weeks and filled out FMLA papers for me. My problem began when I turned the FMLA request in on 4/23/2007 and was told that since it was so late in the month they could not approve my FMLA quickly enough and stop my check for 4/30/2007, so I would have to take 40 hours of vacation time to cover this period. They said my FMLA would officially start on 5/1/07 and run to 5/6/07-- one whopping week.
    I am just wanting to make sure this is all legal. I have only 67 hours accrued in Vacation leave. Can they make me take this vacation leave just because they can not "stop my check" in time. THey first offered to approve the FMLA and work for 5 days unpaid once I returned. But I received a phone call today that stated they couldn't do that.

    I was also asked during this phone conversation why my accrued time was so low. I have never been questioned about this before, my evaluations have not referenced my benefit time at all. Just want to make sure this is all ok.

  • #2
    Most companies will make you use your accrued time before taking time off unpaid. That is permitted. Some of what you posted doesn't make complete sense so I think either you misunderstood something or your employer does but none of it appears to be violating any laws.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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