Can an employee who has paid sick days, use them first and then apply for FMLA?

The question of paid sick days and FMLA are two entirely separate questions. If you are a covered employer under the FMLA (it does not apply to employers with less than 50 employees) and the employee is a covered employee (has to have worked at least 1,250 hours in the past 12 months,) then the employee is entitled to take FMLA, provided it submits the required application and doctor's certification. FMLA does not require that the time off be paid. Absent a collective bargaining agreement or some other type of contract, the fact that an employee is on paid sick leave does not keep the employee from being terminated, if the employee is not on FMLA, or the employer is aware of circumstances under which the employee would be unable to apply for FMLA (in a coma, for example.)

posted by John Otto  |  Feb 4, 2010 2:02 PM [EST]

If you are interested in speaking with an attorney, please do not hesitate to contact me directly to arrange a date and time for an over the phone screening.

If you have any questions, or if you would like to schedule a screening, I may be reached at (312) 540-1230

posted by Alejandro Caffarelli  |  Feb 4, 2010 1:44 PM [EST]