Human Resource Blog

Paid Time Off and FMLA in Mississippi

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

Depending on company policy and on the state the worker is in, the answer is yes.

The U.S. Labor Department has determined that under some circumstances, paid leave may be deducted in Mississippi from an employee’s 12 weeks of FMLA leave. However, the employer must make the policy very clear to the worker before the leave begins. It is best to do this in writing.

The employer may also establish a policy, according to the Labor Department, that would require employees to use their paid leave (whether sick time, personal days, vacation time, or short-term disability when available) before taking unpaid FMLA..

Five states mandate short-term disability leave. New York, New Jersey, Rhode Island, California, and Hawaii are in this category. California allows workers to take as much as a year of disability. The employee must, however, provide a doctor’s certificate showing that the worker has a serious health problem making him or her unable to work. Rules differ from state to state. Inquirers from these states are encouraged to post a new question, mentioning the state.

The FMLA (Family and Medical Leave Act) guarantees that a worker is allowed as much as 12 weeks of unpaid leave annually. The leave may be used for several purposes. The worker or a member of his or her family may be seriously ill. The employee may be recovering from childbirth. The time may be taken for the care of a new child, either a newborn, a new foster child, or a newly adopted child.

The leave is “job-protected.” That means the worker is guaranteed the same job when he or she returns. If that is impossible, then the employer must provide a job with similar pay, benefits, and working conditions.

A worker forfeits his or her rights to the same job, however, if the leave exceeds 12 weeks. Some employers will reinstate the worker to his or her old job anyway. It is not required, however. The policy must be applied uniformly.

Some employers allow workers to use up paid leave before FMLA. This is allowable, provided it is consistently applied. JH