Our HR director insists that if an employee elects to substitute paid sick leave for FMLA leave, which is allowable under the statute, the time off work is still counted against the 12 weeks per year FMLA leave allotment. They say this is what they are taught by T.A.C. I think that's crazy, but the "handbook" they use seems to say that. Does this not defeat the purpose of FMLA? Has anyone come across a definitive answer to this? My research revealed none, and my call to T.A.C. got a, "I'll have to check on that and get back to you", response.

[This message was edited by Al Davis on 06-30-08 at .]

Al, FMLA leave is not an 'additional' 12 weeks off work. It is the minimum amount of protected time that an employee who is entitled to it gets job protection. Employers can (and most do) count paid and unpaid leave of all kinds if used for sick leave or other FMLA reasons, but can't terminate purely for protected-reason absences during the 12-week protected period if the employee follows the rules. The 12 weeks is per year, does not have to be consecutive.

In English, I think your HR director can do that.

For a great resource, see http://www.dol.gov/elaws/esa/fmla/s1.asp

[This message was edited by A. Diamond on 06-30-08 at .]