Can an FMLA-eligible employee decline FMLA and take other accrued leave instead?


***Double checks Powerball ticket***


Oh, hi there. I didn’t see you come in. Now, get out of here and head over to Thompson’s HR Compliance Expert. You’ll find a new feature called “Opposing Counsel.” At various points throughout the year, I will debate HR-compliance issues with employee-rights lawyer, and my buddy, Donna Ballman. Think, my snark — times two. Plus, you get the added benefit of the point of view of an attorney from the dark side. (Donna’s probably telling her readers the same thing…LOL).

Our first battle is “Opposing Counsel: Allowing Employees FMLA Choice is No Cakewalk for Employers.”

Hey! Out of curiosity, if one of your clearly FMLA-eligible employees wanted to decline FMLA and take other accrued leave instead, what would you do? Take my poll.



2 responses to “Can an FMLA-eligible employee decline FMLA and take other accrued leave instead?”

  1. Janette Levey Frisch says:

    Looking forward to seeing reading/these debates from two colleagues I greatly respect!

    On the FMLA question: While you can allow employees to take a non-FMLA leave, in my humble opiinon, better practice is usually to designate the leave as FMLA leave and, have the employee use the accrued time simultaneously. The FMLA allows that. The main reason for doing it this way is because if an employee takes leave that is not designated as FMLA and then turns around a few months later to request FMLA (and is eligible) s/he is then potentially eligible for up to another 12 weeks’ job-protected leave under the FMLA. If the previous leave is designated as FMLA leave then time taken under that leave is counted against time the employee subsequently seeks within the year following the original request.

  2. Writerdonna says:

    Substitute dark side with “side of goodness and light” and you’ll have it right . . .

“Doing What’s Right – Not Just What’s Legal”