Question: Do I Have To Use Vacation Time For Surgery?

Can you be forced to work during vacation?

The Fair Labor Standards Act of 1938 sets out the rules for determining whether an employee is exempt or non-exempt.

An exempt employee is not prohibited from working during vacation time; however, there’s little, if anything, to be gained by doing so..

Does FMLA pay full salary?

As a general rule, if the exempt employee performs any work during the workweek, he or she must be paid the full salary amount. However, an employer is not required to pay an exempt employee the full salary for weeks in which he or she takes unpaid leave under the Federal Family and Medical Leave Act (FMLA).

Can you collect unemployment while on FMLA?

Generally no, you are not eligible for unemployment benefits if you take medical leave under the Family and Medical Leave Act and you cannot work. Thus, if you initiate FMLA leave and you are unable to work in any capacity, you are ineligible for benefits. …

Can I be fired for getting surgery?

if they made the decision to terminate you in a substantial part because you are having surgery, you may indeed have rights under the FMLA, or be protected from discrimination if your medical issue constitutes a “disability” under the law. … Contact an employment attorney to find out if you indeed have rights.

How do I tell my boss I need time off for surgery?

How to talk to your employer about getting surgeryHave a conversation with your boss as soon as possible — waiting until the last minute will not go over well. … Follow the chain of command — When you know that you will need time off work to have surgery, you will want to talk to your immediate supervisor first.More items…•

Can an employer deny you time off for surgery?

There is NO general obligation for employers to provide employees with any time off for medical needs or surgery; an employer can generally fire employees who do not show up to work for any reason.

What happens if you don’t use your vacation time?

Most states allow “use it or lose it” policies, whereby employees forfeit any unused vacation days at the end of the year. Most states allow it, although some have limits (like a written policy in place at the time of employment) or forbid them outright.

Can my boss fire me for having surgery?

However, if you and/or your employer do not meet the above criteria, your employer may have the power to fire you legally for absenteeism if you must have surgery that takes you away from work for longer than your employer will permit.

How do I get financial assistance while on FMLA?

It can be a little easier to get financial aid while on FMLA….Charities and non-profit programsHousing assistance – This is an option for both tenants as well as homeowners. … Utility programs – Most states have laws that stop disconnections for people on FMLA, at least for a period of time.More items…

Who determines FMLA eligibility?

An employee is eligible for FMLA leave only if the employee meets all three of the following eligibility requirements: “(1) Has been employed by the employer for at least 12 months, and (2) has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the …

What happens if I need more than 12 weeks of FMLA?

Reasonable Accommodation and Undue Hardship If you need FMLA for longer than 12 weeks, it is usually considered reasonable for an employer to provide a few days to a week of extra time. Allowing an employee to take an extra month or longer, however, could potentially be argued as an undue hardship.

Do you have to use your vacation time for FMLA?

The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. … When paid leave is used for an FMLA-covered reason, the leave is FMLA-protected.