Do employees accrue vacation while on FMLA?

We have an employee who was on a medical leave due to complications from a pregnancy. She now is insisting that she was accruing vacation time while out on an unpaid leave. Our company currently does not have a written policy on this topic. It is not addressed in our Employee Handbook.

Rita Risser's response:

Generally, employees out on Family Medical Leave are entitled only to accrue health benefits while on leave. However, you cannot discriminate against people who take FMLA leave. For example, if in the past employees out on unpaid medical or non-medical leave have accrued vacation, then this employee also must be allowed to accrue vacation.

Individual states have different laws which may give employees more rights than the FMLA. Check with a local employment lawyer to see if there are special laws in your state.

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