• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Counting paid time off as FMLA leave? Tell employee you’re running them concurrently

by on
in FMLA Guidelines,Human Resources

When Congress passed the FMLA and guaranteed eligible employees up to 12 weeks unpaid leave to deal with serious health conditions, it never intended to punish employers that already provided generous paid time off.

That’s why the law says that employers can run out the FMLA clock by counting paid time off against the 12-week entitlement.

Smart employers make sure that employees understand that’s how it works. That way, employees won’t run out of leave and lose their jobs because they didn’t realize the clock was ticking.

Recent case: When Joanne McCalla’s son developed cancer, she asked for intermittent FMLA leave to care for him and support his efforts to fight the disease. She was approved for the leave and informed that her paid time off—like sick leave and vacation time—would count against her 12-week FMLA entitlement. The company also explained the process in the employee handbook.

McCalla’s employer notified her when her leave had expired, and asked her to return to work. She refused and was terminated.

That’s when she sued, alleging she had been terminated while still on FMLA leave because she didn’t realize her paid time counted against the leave.

The court rejected her claim, reasoning that the employer had told her how it was applying her leave both before she applied and when the leave was approved. (McCalla v. Avmed, No. 11-60007, SD FL, 2011)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/28366/counting-paid-time-off-as-fmla-leave-tell-employee-youre-running-them-concurrently "

Leave a Comment