Q. An employee has asked for paid
A. Under the new final , if the employer has a paid leave policy, then its terms and conditions must be applied and followed by an employee substituting any form of accrued paid leave (such as paid vacation, personal leave, , paid time off or sick leave) for unpaid FMLA leave.
Therefore, in your case—where your policy requires the use of paid leave in a time increment larger than the amount of FMLA leave the employee requests to be substituted with paid leave—the employee must take the larger increment of leave specified in your policy. Additionally, the total amount of leave taken will be charged against the employee’s FMLA entitlement.
It is important to note, however, that—as a safeguard for employees—the new rules require the employer’s notice of the employee’s eligibility for FMLA leave must also make clear that the employee remains entitled to unpaid FMLA leave (for example, the smaller increment of time) even if the employee chooses not to follow the employer’s paid leave policies (such as the required larger increment of paid leave).
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/8664/how-do-we-handle-fmla-leave-when-the-time-off-is-less-than-our-usual-minimum "