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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I am taking intermittent FMLA to care spouse that had a

Customer Question

I am taking intermittent FMLA to care for my spouse that had a stroke. Does all of my vacation time used count towards my FMLA total hours even if it is not related to the care of my spouse (ex: a family trip, dentist visits for my children, etc.)?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of employment law experience. It is a pleasure to assist you today.

The answer depends on the policy of your employer. The employer has some leeway under federal law as to this situation. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.

You need to take a look at your employee handbook to see if your employer has a policy one way or the other. If it is not in a handbook, speak with your human resources department to see how they have handled this with other employees. They are essentially bound by the precedent they set in the absence of a written policy.

Let me know if you have any other questions or concerns. Please also rate my answer positively (THREE OR MORE STARS) on the ratings interface on your end.

Thank you and best wishes!