Human Resource Blog

Usage of Vacation/Sick time

	Attendance Management
Vacation Request / Response Form Weekly Time Sheets Attendance Calendar for 2008, 2009, or 2010 Annual Attendance Tracker Vacation Request Form for 2008, 2009, 2010 (Calendar) Detailed Absence Report

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

I work in Kentucky as an EMS, I would like to know if it is legal for the EMS service that I work for to make it mandatory that I use my vacation time when you are off (AWOL) and have no sick time to use.

In general, a Kentucky employer can set whatever policies he or she likes regarding use of sick time and vacation time. There is no state or federal law that requires employers to offer paid vacation or sick time.

A Kentucky employer would be well within her rights to fire any worker who is absent in excess of the paid sick days permitted per year. Many employers would terminate a worker who takes too much time off, so the alternative of using vacation time instead is actually generous.

There is an exception if the worker takes time off under FMLA, the Family and Medical Leave Act of 1993. FMLA entitles a worker to take up to 12 weeks of unpaid leave to attend to his or her serious health condition. An employee can also take FMLA leave to bond with a new child, or to care for an immediate family member with a serious health condition. FMLA defines an immediate family member as a son or daughter, spouse or parent.

In either case, the employer has the right to have the serious health condition certified by a doctor.

If none of these conditions apply, Kentucky employers are under no obligation to provide workers with unpaid time off.

In most cases, an employee must notify the employer that he or she wants to use FMLA for the days off within 2 business days after returning to work.

Sometimes managers or HR people say, “You have to take vacation time for that absence” when they really mean that taking vacation time is the best option available. It is possible that in this case the employer means, ”If you don’t take vacation time, you will be disciplined or terminated for excessive absenteeism.”