FMLA leave Disability plan accrued vacation hours

UPDATED: Sep 30, 2022

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FMLA leave Disability plan accrued vacation hours

I am on FMLA leave at present and I am having STD plan which is paying me 2/3 of the weekly salary for 5 weeks. If as an employee I Do not choose to use my vacation hours against my FMLA leaves. Is that allowed per law?If employer directly use my all 80 hours vacation to pay me the salary during this period without my knowledge. Under law can I request not to use it?

Asked on March 3, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, it is not your choice. The law gives your employer the option to require that some or all of your paid time off (e.g. your vacation days and sick leave) be used during your FMLA leave. Many employers will let their employees decide, but they don't have to: they can make this decision for you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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