Human Resource Blog

Paid Time Off and FMLA in Florida

If an employee uses paid time off for a serious medical problem in Florida, can that be counted towards their 12 weeks of unpaid leave under FMLA?

The U.S. Department of Labor has some guidelines regarding this.

An employer may count paid time off against a worker’s 12 weeks guaranteed under FMLA if the employer makes it entirely clear to the employee before the leave begins. It is essential to do this in writing.

Some companies will let workers use up their vacation time or short-term disability time, then begin their FMLA time. This policy is appropriate if it is applied equally to all employees.

On the other hand, the Labor Department also says an employer may establish a policy that not only allows but requires workers to use up their paid leave – including sick time, short term disability, personal days and vacation time – before the unpaid FMLA leave is used.

Five states – Hawaii, Rhode Island, New York, New Jersey, and California – mandate short-term disability leave.

California allows workers with a doctor’s certificate indicating a serious condition to take as much as a year of disability. Each state’s law is different.

The FMLA – or Family and Medical Leave Act – guarantees workers up to 12 weeks of unpaid leave, under these conditions:–  The worker is seriously ill.

– The worker is recovering from childbirth.

– The worker is care for a member of the immediate family who is seriously ill.

– The worker is caring for a newborn, a new foster child, or a new adopted child.

The employee is entitled to return to the same job – or one with similar pay, benefits, and conditions – after the FMLA leave expires. But there are no guarantees after the 12-week limit. If a worker uses up the leave and does not return to work, the employer is not obligated to reinstate him or her. It is the employer’s option. However, the option should be applied fairly to all employees. JH