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FMLA Question Maryland

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  • FMLA Question Maryland

    Our FMLA Leave Policy requires the employee to exhaust all sick and vacation leave before the 12 week FMLA period begins. Is this legal?? If the employee requests FMLA should they not be entitled to it immediately (if it is a qualifiying event)? Not to mention that this policy ties our hands in many situations as some employees may have months of leave.

  • #2
    You should be counting the sick and vacation time as part of the 12 weeks FMLA.
    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
      So that they run concurrently correct? Is there something that I can show our CEO in the law? He insists on doing it this way!

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      • #4
        As long as the employees are getting all the time to which they are entitled and they are not being penalized, what he is doing is not illegal. It is, however, not the best use of resources. It IS legal for him to require the vacation and sick pay to run concurrently with FMLA (I'll have to get you the reference later - I'm kind of time crunched just now, sorry) and it's not illegal to require them to use the sick and vacation time as long as they still get all the protections they are due. But he is causing himself problems that he would not have if he did it the other way.
        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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        • #5
          Paid leave only extends the protections granted under FMLA if the employer opts to make that the case. Waiting until the employee is out of paid leave to start FMLA is technically not following the law and can get you in hot water if all aspects of FMLA are not followed prior to designating the leave as FMLA. Not to mention being an extremely expensive way to do business.

          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR825.207.htm
          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR825.208.htm
          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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