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Paid Time Off and FMLA in Missouri

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If an employee uses paid time off for a serious medical problem, such as sick time or short term disability, can that be counted towards their 12 weeks of unpaid leave under FMLA in Missouri?

In some cases, it’s entirely legal.

The U.S. Labor Department permits such a move. But in order to deduct paid leave from an employee’s 12 weeks of FMLA, the employer must have a policy in place. The employee must be made aware of this at the beginning of his or her leave. And the policy must be applied consistently to each and every worker. It’s best to put such a policy in writing.

The FMLA – the Family and Medical Leave Act – says that every employee is entitled to as many as 12 weeks of unpaid leave under certain conditions.

What are those conditions? The employee is suffering from a serious illness, recovering from childbirth, or caring for a member of the immediate family who is gravely ill. Those conditions may also include caring for a new child, whether a newborn, a newly adopted child, or a new foster child.

The employee’s job is “protected,” which means that at the end of the leave, he or she is entitled to the same job, or one with similar pay, working conditions and benefits, when he or she returns.

There are some limits to the use of FMLA, however. If a worker uses up his or her leave time and continues to take time off, then wishes to return, the employer is under no obligation at that point to re-hire. Some companies choose not to, while others choose to do so. In any case, the policy must be consistent for each worker.

It should also be noted that some employers will allow workers to use up their paid vacation and disability time, then let them begin their FMLA time. This, too, is entirely legal, as long as it is consistently applied.

Five states, Rhode Island, Hawaii, New York, California, and New Jersey, offer mandatory short-term disability leave. The rules vary from state to state, so please feel free to mention your state and post a question for us. JH