Can you explain why you dont get paid while on FMLA? I guess I pulled the wool over my employers eyes when I got paid for 6 weeks of FMLA....
It used to be in a lot of companies that if you ran out of sick leave and accrued vacation, that was it. You were toast. No longer.
The Federal Family and Medical Leave Act (FMLA) does not require that employers pay employees who are off work under its provisions. Doesn't say they can't, but it isn't required.
What the law requires of employers is that if covered by the law (and most companies are), an employer must grant an employee
up to twelve weeks of unpaid leave per calendar year for personal or immediate family illness before that employee can be terminated for absence. Your employer may choose to pay you during this period, but here again, not required.
Now, how did you get paid? Well, maybe your company has a system like they do for flight attendants here at AA. If I get an illness recoded to FMLA, it is not a "chargeable" occurrence (translated into English and similar to what LCC is initiating) under the attendance policy--I don't accrue any points. The advantage to the company is that they are burning my sick leave (from whence I get paid for the absence) and my FMLA time at the same time. If this is the case, you are not being paid for FMLA, you are being paid from your accrued sick leave.
Or, as stated above, your employer may choose to pay you anyway during this period. In a lot of companies, this is handled on a case by case basis. If an employee has never abused their sick leave (accrue a day, take a day kind of people), a company may reward that behavior by continuing the person on the payroll even if they have run out of sick leave and vacation. When I was at Texaco, we didn't have sick leave per se. The policy was if you are sick, please do not come to work and spread it around the office. And, if you were on long term sick leave--cancer treatment, heart attack--and you were a good employee, they would just keep you on the payroll indefinitely.
In dealing with unions, the above policy is not workable because unions generally object to any benefit given to one represented employee that is not given to another represented employee. Even though employee A may be someone who has never abused their sick leave, and employee B can never get enough accrued to take a week off for illness because they call in sick when they decide they need a day off.
Or, they will use the benefit extended to employee A against the company in a termination hearing regarding employee B.
Back to your question, if you were off work due to an IOD, you are not supposed to be charged FMLA time for that time off. You would have to ask your Human Resources department exactly how you got paid for time off charged to FMLA. I wouldn't if I were you. It may very well have been a mistake, and they'll want their money back.
