Paid Time Off and FMLA in Arizona
Posted by Tamara
FMLA leave provides eligible employees with up to 12 weeks of unpaid, job-protected leave for childbirth, and for a worker’s serious illness. According to the U. S. Department of Labor, some Arizona employers are allowed to deduct any paid leave from this 12 week total.
For example, Paul takes 10 weeks of leave to care for his ill mother. Five weeks of that leave is paid sick time and paid vacation leave. The remaining five weeks are charged to FMLA leave. The company is allowed to charge all 10 weeks to FMLA leave, leaving Paul with only 2 weeks of FMLA leave.
Employers, also according to the U. S. Department of Labor, have the right to establish their own policies about paid leave and FMLA deductions. Companies can require workers to first use all of their sick leave, vacation time, personal days, and even short-term disability (where available) prior to using FMLA leave. Employers can also give workers FMLA leave and not touch the worker’s paid leave. Other companies allow workers to use their paid leave, and then give them the full 12 weeks of FMLA leave.
No matter what the policy, the law requires employers to apply the practices evenly and fairly among all employees.
In companies that deduct paid leave from FMLA, the employer must inform the worker of this policy prior to the beginning of the leave. The employer must also ensure that the employee understands the policy. Usually companies provide the details to the worker in writing.
Five states have established slightly different rules for taking leave. California, Hawaii, New Jersey, Rhode Island and New York have established state mandated short-term disability laws. California’s is the most time-generous, offering up to a year of disability when the employee presents a physician’s statement verifying the need for the leave. The other states have varying policies regarding the terms and length of short-term disability. Employees are welcome to post a new question, mentioning the state.
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