Forums

FMLA Benefits Exhausted
Legal Forum
FMLA Benefits Exhausted
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
When an employee has exhausted their FMLA benefit of 12 weeks is the company required to allow him/her to use their vacation time post-exhaustion of benefits for any reason? ex., we have an individ
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId36686

Forums » Topic Forums » Legal Forum » FMLA Benefits Exhausted

You must be logged in to contribute. Log in | Register
 
Forums  »  Topic Forums  »  Legal Forum  »  FMLA Benefits Exhausted

FMLA Benefits Exhausted

posted at 8/18/2010 5:02 AM EDT
Posts: 4
First: 8/18/2010
Last: 10/25/2010
When an employee has exhausted their FMLA benefit of 12 weeks is the company required to allow him/her to use their vacation time post-exhaustion of benefits for any reason?

ex., we have an individual who takes the summer off each year under some form of leave ... her leave is exhausted after today (8/18) ... we expect to get a cert thru 8/23 from her PA ... we want to terminate her but are wondering if b/c she has remaining vacation time she has a right to use it and delay her return until 8/23 ...

Thank you for any and all help! regards, denise
New post Reply to this post

FMLA Benefits Exhausted

posted at 8/18/2010 6:32 AM EDT
Posts: 562
First: 11/12/2009
Last: 9/14/2011
While there is no provision in FMLA to allow continuation of employment beyond expiration of FMLA benefits, an employer may elect to do so.

What is your policy or what has been your past practice? I think my preference, since you are going to terminate, is to pay out the accrued vacation per your state's laws or your past practices and do so rather than establish a precedent for the future.
New post Reply to this post

FMLA Benefits Exhausted

posted at 8/18/2010 6:35 AM EDT
Posts: 4
First: 8/18/2010
Last: 10/25/2010
Thank you, that's exactly what I was thinking, but I wanted to make sure I wasn't off the mark. Thank you sooo much for taking the time to respond to my post. Best regards, denise
New post Reply to this post

FMLA Benefits Exhausted

posted at 8/18/2010 10:20 AM EDT
Posts: 79
First: 12/20/2004
Last: 2/17/2011
Why doesn't the company make the employees use all of their paid time before they can use unpaid? That's what most companies do. That way when the FMLA ends they have used all there time in most cases.
New post Reply to this post

FMLA Benefits Exhausted

posted at 8/18/2010 10:30 AM EDT
Posts: 4
First: 8/18/2010
Last: 10/25/2010
I agree, but the powers that be would rather retain future income/pto income so that it has the chance to recover its outpay on the employee portion of the benefits should an employee fail to return to work. I know, I know, it's ridiculous (LOL)!
New post Reply to this post

Forums » Topic Forums » Legal Forum » FMLA Benefits Exhausted

Daily Q&A

How Do We Keep Our Best During Upheaval?

Things are getting scary for us. We recently had to downsize, and since then have lost some of our best people to other jobs. Aside from boosting their pay (which isn't feasible now), what practical steps can we take to keep them from quitting on us?

——Clinging to Hope, talent coordinator, hospitality, Guatemala

Read Answer

Stay Connected

Join our community for unlimited access to the latest tips, news and information in the HR world.

  • Workforce Technology (Bi-weekly)

    Covering the latest technology trends, tools and applications that are shaping the workforce in the 21st century. Delivered the 2nd & 4th Thursday of each month.

  • Dear Workforce (Bi-weekly)

    See what HR professionals are asking, and what Workforce Management experts are saying. Delivered the 1st and 3rd Thursday of each month.

  • Workforce Benefits (Weekly)

    Stay current on all aspects of employee benefits, from health care to retirement issues. Delivered on Wednesdays.

  • Workforce Week (Weekly)

    Free weekly update on the trends in HR and new tools added to Workforce.com. Delivered each Tuesday.

  • Workforce Talent (Monthly)

    See the recruiting, talent development and retention strategies of top companies and get the resources for effective talent management. Delivered the 2nd Monday of each month.

  • Workforce Training (Monthly)

    Stay current on the latest strategies and resources for training and developing your workforce talent. Delivered the 3rd Monday of each month.

HR Jobs

View All Job Listings

Search