Can I Travel During FMLA Leave in Virginia?

If you are contemplating FMLA leave, you may be wondering if you can travel or go on vacation during your leave. The answer is that it depends on your situation.

Understanding FMLA

Family Medical Leave Act provides eligible employees with up to 12 weeks of unpaid leave per year for specific family and medical reasons. During FMLA leave, employees are entitled to job protection and the continuation of their group health insurance benefits.

Who is Eligible for FMLA Leave?

To be eligible for FMLA leave, you must

• Work for a covered employer
• Work at a location with 50 or more employees
• Have worked for the employer for 12 months
• Have worked 1,250 hours during the 12 months prior to leave starting

What Can I Use FMLA Leave For?

There are several eligible reasons for FMLA leave. These include things like the following:

• Birth, adoption, or foster care placement of a child
• A serious health condition that makes the employee unable to perform their job
• A spouse, child, or parent with a serious health condition
• Caring for a covered service member with a serious injury or illness incurred in the line of duty (Military Caregiver Leave)
• Any qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is on active duty or called to active-duty status in the National Guard or Reserves

Can I Travel During FMLA Leave?

There are obvious reasons where travel would be permitted during FMLA leave, such as traveling to adopt a child in another state or country, or traveling to get medical care for you, a child, a spouse, or a parent at an out of state medical facility.

Some other situations where an employee would likely be okay traveling during FMLA are taking a few days off from caring for a sick parent. Additionally, a laborer, or firefighter with a broken arm that prevents him/her from doing the central functions of the job, should be fine to travel out of state for a wedding. On the other hand, a recreational vacation which requires physical conduct that you are claiming you can’t do at the workplace may get you in trouble.

Using Vacation Days While on FMLA Leave

FMLA regulations say that employees are entitled to use any of their accrued vacation time or paid time off concurrently with their FMLA leave. So, if an employee wants to take a vacation during their FMLA leave, they may be able to do so using their accrued vacation time or PTO.

Do I Have a Good Reason to Travel While on FMLA Leave?

There is no right answer here. It depends on your situation. If you have not travelled yet, you should speak to your manager, supervisor, or HR representative about your plans. If you have been fired for traveling during your FMLA leave, you should contact an attorney to discuss your situation and find out if you were wrongfully terminated. If that is the case, you may be entitled to compensation.

Can I Travel During FMLA Leave in Virginia?

If an employee is on FMLA leave for a qualifying reason and they are physically able to travel and take a vacation, they may be able to do just that. However, it’s important to communicate with your employer and ensure that you are complying with necessary policies and procedures.

If you are in need of an attorney’s advice, please contact Cook, Craig, and Francuzenko today. Our firm has attorneys who specialize in a variety of practice areas. With over 100 years of combined experience, we are seasoned professionals ready to help you.