family medical leave act vs. accrued sick time

[northgal_2]

undefinedWhat is the name of your state? Michigan


My husband works for a public school system as a support staff member. He is a union member. he recently was required by a doctor to be off work for at least one week possibly two. he received a registered letter from the school system that this leave (anything 3 or more consecutive days off) would come from the family medical leave act (fmla) he is entitled to for the year....I understand how the law works for those requesting unpaid leave but he is using his accrued sick time for this. how can they take and use his sick time along with taking anything he may be entitled to under this act..he didn't ask for. is this legal...

 

[cbg]

If the employer, the employee, and the condition all qualify under FMLA, then the employer MUST apply that time to FMLA. It would be illegal for them to do anything else. FMLA is unpaid time. They may, if they wish or if you request, that you use accrued sick, vacation or other paid leave time to provide you with some income during that time. But you do not have the option of choosing not to use FMLA time if the condition qualifies under the statute.

 

[Mervtone]

Fmla

FMLA is simply a classification of your sick leave. This is to protect the employee from termination or discipline for using sick leave that qualifies as FMLA. Getting paid for the time off depends on what leave time (sick or annual) you have available to use. LWOP is used when a person has no leave time left.