Can my employer limit my FMLA?
My wife just had a baby and had to have a C-section, my employer has already approved 8 weeks of FMLA, but here's the catch. They will only allow me to take 80 hours of sick time the rest has to be either vacation time or leave without pay. I have over 200 hours of sick time available but can't use it, but not enough vacation time for the 8 weeks. Is this right? I was under the impression that I could take 12 weeks a year and use sick time or vacation time, or leave without pay, which ever I chose. If they are doing something wrong or illegal what do I do?
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You are entitled to unpaid leave and your employer does not have to pay you, however if they are allowing you to take vacation time but not sick time, it sounds a little strange. If you are in a union talk to your union rep. for fmla details, or talk directly to your fmla coordinator or H.R. I had the same problem at one time. It came down to my supervisor not wanting me to take a prolong leave of absence, and try to discourage me from taking time off by telling me I had to take my vacation time, which I only earned 40 hours a year.
You are entitled to 12 weeks of UNPAID leave during a 12 month period.
Sick and vacation time is not included in the 12 week FMLA leave, since that would be paid leave.
The law specifically states UNPAID leave.
Sick time is reserved for you own illness and not that of a family member.
Your employer is not limiting your FMLA, he is just limiting the time that he has to pay you for it. That is perfectly legal.