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I am planning on taking the full 12 weeks of FMLA when my baby is born in November. In the disclaimer my HR Rep gave me it says that I have to use all but 40 hours of my vacation in order to take FMLA. Well by the end of the year, my vacation hours will be gone. BUT in January they give us our new vacation hours for the year and I will have almost 3 weeks, does this mean I'll have to use 2 weeks of my vacation during my FMLA leave? I haven't had a chance to talk to my HR Rep yet so I'm just wondering if this has happened to anyone else.

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Asked by Anonymous at 10:38 PM on Aug. 4, 2010 in Pregnancy

Answers (4)
  • Yes and I am surprised. Usually, one has to use ALL vacation AND personal time before FMLA pays out.

    Answer by Erin814 at 10:39 PM on Aug. 4, 2010

  • FMLA is unpaid, and you usually don't have to use ALL your vacation AND personal time before you can take it. If you google FMLA there is a lot more information on it, all I read was you have to use all but 40 hours vacation time before FMLA will be granted. I take it that if you have FMLA granted in November, they can't take it back when the New Year begins, unless you start over. In which case you will get way more than the 12 weeks because you'll have 6-8 weeks off at the end of this year, and if they make you re-apply in the following year, they should grant you 12 more weeks after using your vacation...but I could be wrong.

    Answer by mishmashmom at 10:43 PM on Aug. 4, 2010

  • I'm sorry! I jumped the gun and had short-term disability on my mind. I agree with mishmashmom.

    Answer by Erin814 at 10:46 PM on Aug. 4, 2010

  • that didn't happen with my FMLA.. I had my baby dec 22.. I took my vacation time,(end of nov) then came back for a day, and filled out my FMLA paperwork, then was out on leave until the end of the 12 weeks.. after using my 12 weeks of FMLA I came back and still had my vacation and sick and personal time for the beginning of Jan and on.

    but every case is different.

    Answer by xxhazeldovexx at 11:22 PM on Aug. 4, 2010

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