Paid Time Off and FMLA in Delaware
Posted by Tamara
The FMLA was established to provide employees with unpaid leave to care for serious health conditions and family needs while at the same time their job is protected. The leave can last for as long as 12 weeks, after which an employee must return to work or risk the loss of his or her job.
In Delaware, there are no state laws that extend this protection. Employees may have supplemental paid leave plans but these are not a part of the provisions of the FMLA. Employees may also benefit from additional benefits provided by other contracts, such as union contracts, but none of these additional benefits extend governmental guaranteed job protection.
In California, employees do have additional job protection. In that state workers can be granted up to 1 full year of state required leave during which their job is protected. The leave request must be based upon a severe illness or injury and must be supported by a physician’s certificate. A few other states have also established state mandated plans to address short term disability.
Some employers do provide PTO or paid time off for employees to use for a variety of reasons. Employers need to understand that they have substantial discretion in determining how their employees implement the provisions of their short term disability plans and the protections offered under the FMLA.
The US Department of Labor oversees the enforcement of the FMLA. Department regulators are concerned that individual company policies and procedures be followed in a way that does not foster discrimination in the workplace. They are also watching to see that any policy enacted is done so prior to the start of any leave, and that the employee is notified prior to the leave beginning if the FMLA leave time is going to be utilized. Further, they are there to insure that the 12 week unpaid leave time is not compromised in any way as a result of any company policy.
Beyond these concerns, employers are free to implement company policy with the provisions of the FMLA in a way that best suits the needs of the individual business.
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