Comments on: Should your employees on FMLA earn vacation time?

By: Keith

Keith — Fri, 06 Mar 2009 13:51:50 +0000

The article seems to make perfect sense, but as Patrick notes, the main message is consistency of how you treat FMLA leave verses other types of similar non-FMLA leave. In our organization, any employee on a PAID leave status (using/paid Annual/Vacation leave or Sick leave) continues to accrue leave benefits. However anybody on UNPAID leave (irregardless if it is FMLA-related or not) does not accrue any leave benefits. We treat everybody the same.

As for seniority, even though the article says the law doesn’t require you to give those on FMLA credit towards seniority, we treat it the same way. Any time on a paid leave of absence is counted toward seniority and any time on unpaid leave is not included towards seniority (regardless of FMLA usage). We’re consistent across the board for all types of leave. We also run our paid/unpaid leave concurrently with FMLA. The FMLA is approved for up to 12 weeks (depending on medical necessity) for our rolling year, of which any part of the time may be paid or unpaid, depending on how much vacation/sick leave the person has.

By: Patrick

Patrick — Thu, 05 Mar 2009 13:23:34 +0000

Based on FMLA guidelines there is no requirement for an employer to allow an employee to accrue earned vacation or seniority while on an FMLA leave. The Department of Labor link is attached below for your review. Scan down to the line “Other Benefits” for this information. The key is the reference to consistency of policies. We do not allow any earned benifits (Vac. or seniority) while an employee is on any type of leave. It makes since because we have employees with 4 weeks of vacation so if they take 12 weeks of FMLA they do not earn a full week of vacation while out.

http://www.dol.gov/esa/whd/regs/compliance/1421.htm

By: SrHRGuy

SrHRGuy — Wed, 04 Mar 2009 20:43:48 +0000

Jennifer, that’s a very insightful look into the article and your posting gave me food for thought. Thank you!

By: Jennifer Clum

Jennifer Clum — Wed, 04 Mar 2009 18:18:07 +0000

Earning Vacation and PTO while on a qualified LOA, such as FMLA, is contrary to two very distinct policies: Paid Leave and FMLA. Separate policies, however, they will work in conjunction with one another.

For example, our vacation policy requires employees are ACTIVE, full-time for six months, provide 2 weeks advance notice, can only be taken in a minimum of 4 hour increments and is designed for ‘extended’ periods away from job duties. PTO is emergent, unplanned personal leave or sick time. Requires notification day of, or in advance when possible. FMLA is an UNPAID, job protected benefit. Vacation and PTO cannot extend job protected leave, but must run concurrently.

I question the soundness of this advice.

By: FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update March 4

Wed, 04 Mar 2009 05:26:46 +0000

[...] Should your employees on FMLA earn vacation time? | HRLegalNews … By Sam Narisi Employees on FMLA can’t be denied any benefit they earned before taking leave. But what does the law say about employees on leave accruing benefits that are |%blog_title | Up-to-the-minute cases and law impacting HR. HRLegalNews.com – http://www.hrlegalnews.com/ [...]