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Oklahoma FMLA and Paid Time Off

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If an employee uses paid time off after having a child in Oklahoma, can that be counted towards their 12 weeks of unpaid leave under FMLA?

There are some cases in which paid leave in Oklahoma is deductible from the worker’s FMLA-mandated 12 weeks of unpaid leave, according to the US. Labor Department. But it depends to some degree on company policy and which state the employee is in.

There are companies, for example, that allow workers to use their paid vacation or short-term disability time, then take another 12 weeks of the unpaid FMLA time. As long as the policy is consistent for all workers, it is a perfectly legitimate policy.

According to the Labor Department, an employer may set up a policy saying that workers must use their paid leave – sick time, personal days, vacation time, or short term disability – before using the unpaid FMLA. The paid time off can be counted against the FMLA time as long as a policy makes it clear to the worker when the leave begins. It’s best if this is done in writing.

Five states have state-required short-term disability leave. They are Hawaii, California, New Jersey, New York, and Rhode Island. In California, a worker is allowed to take a year of disability with a doctor’s certificate saying the employee has a serious condition making him or her unable to work. If you have a question about a specific state, feel free to post a question about it.

The FMLA entitles workers to as much as 12 weeks of unpaid leave. It may be used if the worker is ill or recovering from childbirth. It may be used to care for adopted children, newborn children, foster children, or a member of the immediate family who is seriously ill. When returning from FMLA leave, workers are entitled to the same job or to one with similar benefits, pay and working conditions.

Neither FMLA nor any other federal law, however, protects a worker’s job if he or she is off beyond the 12-week limit. After that, the job is unprotected, and it is up to the employer whether or not to take that worker back. The employer should apply the same rule consistently to all employees. JH