Understanding FMLA Leave- Do You Accrue Vacation Time During Family and Medical Leave-

Do I Accrue Vacation While on FMLA?

Understanding the intricacies of Family and Medical Leave Act (FMLA) can be quite challenging, especially when it comes to questions about vacation accrual. One common query among employees is whether they continue to accrue vacation time while on FMLA leave. This article aims to shed light on this topic and provide clarity on the issue.

What is FMLA?

Before delving into the vacation accrual aspect, it’s essential to understand what the Family and Medical Leave Act is. Enacted in 1993, the FMLA is a federal law that allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. These reasons include the birth of a child, adoption or foster care placement, serious health conditions that affect the employee or their family members, and the employee’s own serious health condition.

Accrual of Vacation Time During FMLA Leave

The accrual of vacation time during FMLA leave varies depending on the employer’s policies and the state laws. Generally, the following scenarios can occur:

1. Accrual Continues: Some employers may allow employees to accrue vacation time while on FMLA leave. In this case, the employee can continue to earn vacation hours during their absence from work.

2. Accrual Suspended: Other employers may suspend the accrual of vacation time during FMLA leave. This means that the employee will not earn any vacation hours during their absence.

3. Accrual Based on State Law: In some states, the accrual of vacation time during FMLA leave is governed by state laws. Employees in these states may be entitled to accrue vacation time while on FMLA leave, depending on the specific state’s regulations.

Check Your Employer’s Policy

To determine whether you will accrue vacation time during your FMLA leave, it’s crucial to review your employer’s policy. This information is typically outlined in your employee handbook or through other company communications. If you are unsure about your employer’s policy, don’t hesitate to ask your HR department or supervisor for clarification.

Legal Protections

It’s important to note that while employers are not required to pay employees for FMLA leave, they must comply with the law by providing job protection and allowing employees to return to their positions upon returning from leave. This includes allowing employees to accrue vacation time during their leave, if applicable.

Conclusion

In conclusion, whether you accrue vacation time during FMLA leave depends on your employer’s policies and, in some cases, state laws. It’s essential to review your employer’s policy and understand your rights under the FMLA. If you have any questions or concerns, don’t hesitate to seek guidance from your HR department or an employment attorney.