Human Resource Blog

Paid Time Off and FMLA in Minnesota

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

Paid time off may be counted against a worker’s 12 weeks of FMLA leave. The U.S. Labor Department has determined that this is allowable in some cases both in Minnesota and nationwide. Applicability of this determination will depend partly on company policy and partly on the state the employee is in.

In any case, the employer must make such a company policy clear to an employee before he or she begins FMLA leave. Most employers find it best to put this in writing.

The Labor Department has declared that employers may also set policies requiring workers to use up their paid leave before using their unpaid FMLA leave. Paid leave might include vacation time, personal time, short-term disability (when it is available) and sick time.

There are companies that have chosen to allow workers to use up vacation or short-term disability, then use their unpaid 12 weeks of FMLA leave. It is a legitimate policy, provided that it is applied uniformly to all employees.

One variable is state law. Five states nationwide have passed laws mandating short-term disability leave. The states are California, Hawaii, New Jersey, New York, and Rhode Island. California allows workers to take as much as a year of disability leave. They must provide the employer with a doctor’s certificate showing they have a condition serious enough to render them incapable of working.

The laws vary from state to state. Inquirers living in any of these states are urged to post a question, mentioning their state.

The FMLA –Family and Medical Leave Act – gives workers the right to take 12 weeks annually of unpaid leave. It may be used if an employee or a member of his or her family has a serious illness. It may be used to care for a newborn, a new foster child, or a newly adopted child. The leave may also be used to recover from childbirth.

Workers are entitled to their job or one with similar pay, conditions, and benefits upon their return. A worker taking more than 12 weeks forfeits his or her right to reinstatement. JH