Employers may not realize it, but allowing employees to use their paid time off before starting unpaid leave under the federal Family and Medical Leave Act they are violating the law.
“Many employees want to use their paid time off before going on unpaid leave under the Family and Medical Leave Act (“FMLA”),” attorney Colleen Heckman writes in a post for the blog at Parker McCay law firm. “Many employers might allow this “piggy-backing” of leave time, but doing so may result in a violation of the FMLA and exposure to potential liability.”
The reason has to do with the fact that FMLA leave protects the employees job.
Heckman explains how that complicates matters when using sick time or vacation, and how it can affect other leave laws as well.