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If I go on FMLA will my employer make me use my vacation and…

If I go on FMLA...
If I go on FMLA will my employer make me use my vacation and sick time up
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Answered in 2 hours by:
5/29/2018
jaccorps_esq
jaccorps_esq, Lawyer.
Category: California Employment Law
Satisfied Customers: 20,624
Experience: Attorney with prior California employment law issues.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Legally, they can. The FMLA law specifically allows an employer to use your vacation and sick leave simultaneously with with FMLA. It is written directly into the Code of Federal regulations.

https://www.law.cornell.edu/cfr/text/29/825.207

Now, an employer doesn't have to substitute vacation, but they can choose to do so.

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jaccorps_esq
jaccorps_esq, Lawyer.
Category: California Employment Law
Satisfied Customers: 20,624
Experience: Attorney with prior California employment law issues.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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