I took FMLA to take care of my family?

Question

I took FMLA to take care of my family and it was approved. Prior to taking the leave under FMLA I had about 13 days of paid vacations remaining. I have read somewhere that those 13 days are to be used first. Does this mean that I will be paid for those 13 days? And not paid for the total days on FMLA -13?

Answer 1

When you take FMLA, your vacation time is indeed taken to pay you. You have 13 days? They will be used first. It just means that you are taking FMLA, using 13 days of pay. The rest of the time off is not paid using your vacation days.

Answer 2

Family Medical Leave Act does not provide for you to be paid while not working. The act only protects your job while you are tending to the person you use for the leave. If you use your accrued vacation time, you will be paid for that time. No, you will NOT be paid for any other time.

Answer 3

In my company, and this was checked with the statute, we can take vacation time in addition to the FLMA.  So in your case, it would be 13 paid vacation days then the 12 weeks unpaid.  If you have accrued sick days, they can be used if you are sick (we can use also sick days for immediate family sickness  - like a sick child) to pay you within the 12 weeks, so for example if you had 5 sick days, you can use these to pay for 1 week of the 12 weeks FMLA.  If this is for YOU, if you have it, you would use short-term disability, to pay for 6 weeks of the 12 weeks (i.e. maternity leave).

The last maternity leave I took (I took 12 full weeks) I used some vacation days to "even out" my 12 weeks.   I ended up with 13 weeks, one paid & 12 not paid.