Paid Time Off and FMLA in Florida
Posted by Tamara
While the federal Family and Medical Leave Act (FMLA) guarantees all Florida workers, under some conditions employers may deduct a worker’s paid leave from it, says the U.S. Labor Department. Paid leave includes vacation time, sick time, personal days, and - when it’s available - short term disability. Companies may, says the Labor Department, set up a policy saying that workers must use up their paid time before using their FMLA time.
An employer must make it very clear to a worker, preferably in writing and before the paid leave begins, that it will be counted against the 12 weeks of FMLA leave.
Many businesses will let their workers use up their paid leave time first, then take their 12 weeks of FMLA on top of that. As long as such a policy is applied consistently to all workers, it’s perfectly legal.
FMLA leave may be unpaid, but it is “job protected.” That means a worker has the right to return to the same job, or one that’s very similar in its pay, benefits, and working conditions, to the original job. But if a worker’s leave exceeds 12 weeks, all bets are off. The employer need not by law reinstate the worker, although, of course, many business do so anyway.
The Family and Medical Leave Act provides the leave to let workers care for a newborn, a newly adopted child, or a foster child. It also lets workers take the time to “nurse” a seriously ill member of the immediate family. Finally, it may be used if the employee himself or herself is seriously ill.
Rules about leave time will vary depending on the company’s policy and the state the worker is in.
Five states have passed laws requiring that workers receive short-term disability leave. Rules vary from state to state, and if you’re interested in more information, post a question and include the name of your state. The five states are New York, New Jersey, California, Rhode Island, and Hawaii. California workers are allowed to take as much as a year of disability with a doctor’s certificate.
Last 10 posts by Tamara
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