Unpaid FMLA Leave

[deltawatch]

The following is "copy and paste" from the United States Dept Of Labor website. Does the the bold text below say that you can use your personal sick days before using vacation days to care for a family member, as long as the family members condition falls under US Airways nornal sick leave requirments. Has anyone run into this before?


Unpaid FMLA Leave

FMLA leave is generally unpaid leave. However, the statute provides that the employee may elect or the employer may require the use of accrued paid leave (e.g., vacation, sick, medical, or family leave or personal time off, etc.) for periods of unpaid FMLA leave. The employee may decide not to elect to substitute paid leave, but the employer may then decide to require the use of accrued paid leave.

Accrued vacation, personal or family leave may be substituted for leave relating to the birth of a child, placement for adoption or foster care of a child, or care for a spouse, son, daughter, or parent who has a serious health condition.

Accrued vacation, personal or medical/sick leave may be substituted for care of a family member or the employee’s own serious health condition, however, the substitution of medical/sick leave is authorized only where the circumstances meet the employer's usual requirements for the use of such leave.

Employees who work for public agencies who receive payment for overtime hours in the form of compensatory time off, rather than cash, may not be required by the employer or elect to substitute accrued compensatory time off for periods of unpaid FMLA leave. The employee may request to use his/her balance of compensatory time for an FMLA reason.

 

[PITbull]

Yup. Sounds like you can use sick time for a sick family member to me...as long as you haven't used up all your FMLA days of 12 weeks in a rolling calendar year.

 

[Bear96]

And don't forget you also have to qualify for FMLA in the first place (must have worked 1250 hours (I think) in the previous 12 months, etc.).

 

[BoeingBoy]

"only where the circumstances meet the employer's usual requirements for the use of such leave"

One could read that part as meaning that the employee can elect to use such time instead of unpaid FMLA only if the employer allows use of sick time/vacation/etc for the care of a family member. If the employer's policy is that sick time, etc, is only for the employee's personal needs, the employee doesn't get the option.

But I'm no lawyer....

Jim

 

[lostplanetairman]

But I'm no lawyer....

Your interpretation is correct. If the employer's policy only provides for sick time to be used for the employee's own illness, then they cannot use it in conjunction with FMLA unless they are out for their own serious health condition.

And, yes, the federal law requires that you have been employed for 12 months (this time does not have to be consecutive) and 1250 hours in the last 12 months (employers can define how the year works--it does not have to be a rolling year). There are also various state laws that may apply.

HRDiva

 

[deltawatch]

"only where the circumstances meet the employer's usual requirements for the use of such leave"

One could read that part as meaning that the employee can elect to use such time instead of unpaid FMLA only if the employer allows use of sick time/vacation/etc for the care of a family member. If the employer's policy is that sick time, etc, is only for the employee's personal needs, the employee doesn't get the option.

But I'm no lawyer....

Jim

The way I read it is; if the illness falls under serious it doesnt matter whether it's the employee or family member, you can use sick leave. IM pretty sure one of my co-workers used all of their sick leave caring for a parent, before turning to vacation. When that runs out I think they have to use unpaid leave. I think they start loosing seniority when it becomes unpaid?

Has anyone used sick leave caring for a parent?

 

[700UW]

Under the law and US' policies you CANNOT use sick time for family members under FMLA, only vacation, comp time or unpaid.

 

[AIRWOMAN]

Under the law and US' policies you CANNOT use sick time for family members under FMLA, only vacation, comp time or unpaid.

According to the employee handbook, which of course, has not been update for 2007, FMLA leave may run concurrently with other kinds of authorized absenses.

See pages 23 and 24 for additional information.

 

[JAXPax]

I have several employees out on FMLA at the moment. However, my company does not distinguish between sick time and vacation time (you just accrue PTO, period, and except for about 15 exception days a year, you can use it whenever you want with no penalty... just have to give 90 minute notice). With FMLA, we draw out of the PTO balance until it is exhausted, but I only make it apply toward regularly scheduled hours (I go back and wipe out overtime they signed up for in advance and shift pick-ups from our version of open time... at their choosing) to conserve the PTO.

Sounds like US Airways has a separate sick time bank, and if it's only permissible to use for your own illness with documentation, then they can't draw out of it for FMLA.... just your vacation time.

 

[hula-flyguy]

I can only speak for noncontract. You CAN NOT use sick leave for a family member. Only since the merger have you been able to use vacation for a family member, prior to that FMLA for family members was unpaid.

 

[AIRWOMAN]

I have several employees out on FMLA at the moment. However, my company does not distinguish between sick time and vacation time (you just accrue PTO, period, and except for about 15 exception days a year, you can use it whenever you want with no penalty... just have to give 90 minute notice). With FMLA, we draw out of the PTO balance until it is exhausted, but I only make it apply toward regularly scheduled hours (I go back and wipe out overtime they signed up for in advance and shift pick-ups from our version of open time... at their choosing) to conserve the PTO.

Sounds like US Airways has a separate sick time bank, and if it's only permissible to use for your own illness with documentation, then they can't draw out of it for FMLA.... just your vacation time.

Can't speak for all at US Airways but the employee handbook allows sick time to care for yourself or an immediate family member..........spouse, committed partner, parent, dependent child under 18).

 

[700UW]

At East before the merger, sick time was only permitted for yourself, and you use to be able to take non-paid for yourself or family members, several years ago, US changed it that you HAD to use all your vacation and comp time when using FMLA and if it was for your own, your sick time too.

 

[AIRWOMAN]

At East before the merger, sick time was only permitted for yourself, and you use to be able to take non-paid for yourself or family members, several years ago, US changed it that you HAD to use all your vacation and comp time when using FMLA and if it was for your own, your sick time too.

Pre-merger is done. This is post merger.

I guess it depends what your union contract says or the employee handbook. I looked on the Hub and couldn't find an employee handbook......only one I saw was on Compass.

 

[700UW]

The CBA has nothing to do with how the company can implement FMLA, US succesfully cracked down on FMLA and was well within the parameters of the law.

 

[AIRWOMAN]

The CBA has nothing to do with how the company can implement FMLA, US succesfully cracked down on FMLA and was well within the parameters of the law.

As stated previously..............
Can't speak for all at US Airways but the employee handbook allows sick time to care for yourself or an immediate family member..........spouse, committed partner, parent, dependent child under 18).
According to the employee handbook, which of course, has not been update for 2007, FMLA leave may run concurrently with other kinds of authorized absenses.

See pages 23 and 24 for additional information.
That's from Compass. It's written sp as it stands, you can use sick time for those listed and FMLS concurrently with other kinds of authorized absenses......ie, sick time, vacation time.

And yes, the company must abide by the law when granting FMLA.