Can I Go on Vacation While on FMLA Medical Leave?

FMLA and vacation time both allow employees to take time off work, but the two types of leave are granted for different reasons. Let’s look at the difference in these types of leave and how they impact each other.

What is FMLA?

Typically, employees receive a certain amount of vacation days each year. As long as your leave is approved, you can spend your time off however you want. FMLA isn’t that simple. The Family and Medical Leave Act (FMLA) is a federal labor law. It allows employees to take a leave of absence from work for medical or family reasons. Typically, employees on FMLA leave are not paid for their time off. However, their position is protected until they return.

Can I go on Vacation while on FMLA Leave?

The answer is that it honestly depends on several factors. First, it depends on whether you can take vacation time on top of FMLA, and this can be a complicated issue. Your employer’s vacation and FMLA leave policies, along with the reasons for your medical leave can all impact your request for vacation time while on FMLA leave.

It is important to understand that employers often look suspiciously at employees who take a vacation while on medical leave. Taking a leave of absence for a medical condition and then posting pictures on social media of yourself at the beach or enjoying a concert can make coworkers and supervisors question the situation.

Hiring an FMLA Attorney in Virginia

The best course of action is to understand your employer’s policies and communicate clearly when you request vacation leave on top of FMLA. If you believe that your employer is violating laws or your rights, you can always consult with an experienced FMLA attorney. They can help you understand your rights and benefits and fight back against illegal or unfair treatment from your employer. To learn more, please contact Cook, Craig, and Francuzenko today.