More details to this question:
I have been told my orthopedic doctor that I need to have a total hip replacement. Before I knew this I had requested my vacation time during July and have written approval. The vacation time is scheduled during the last week of my fmla and the following week. My manager has now told me today I cannot take my vacation at that time. I would like to know if this is legal or would it be considered fmla retaliation
1 ANSWER
4 Awards
IF the company had a written policy in place BEFORE you applied for FMLA that stated what you could do with PTO or how it could be applied when taking FMLA, and this policy supprts or authorizes the employer to deny your planned vacation time, then this might be legal. If there was no such prior policy, then they cannot preclude you from using your previously approved PTO for that period of time. To do so with probably violate the FMLA. You should ask for an explanation in writing as to their basis for denying you vacation and indicate that this appears to be in violation of the FMLA.
If they ignore you, then either see an employment law attorney or file a charge with the US Dept of Labor
Answered on Jun 04th, 2015 at 12:41 PM