Using Vacation Time During a Leave: Jeffrey A. Dretler Provides Advice in July 26, 2010 “Job Doc” Column

Jeff responds to a woman who works for a large Massachusetts employer. She recently had a baby and would like to use her full three weeks of vacation time to supplement her leave of absence under the Family and Medical Leave Act. She is questioning her employer’s decision to let her take only what she has accrued to date, even though she sees other employees “borrowing” from future accrued time. She has also asked whether it is legal for the company to have a “use it or lose it” policy for accrued vacation time.

According to Jeff, the “use it or lose it” policy is legal, as long as that policy has been communicated to all employees, and that the employer provides “a reasonable opportunity to use the accumulated vacation time…”

Jeff also discusses the employer’s requirement that “under the FMLA and the Massachusetts Maternity Leave Act (MMLA), among other laws, employers may not 'discriminate' against employees in the administration of their paid leave policies by, among other things, treating pregnancy-related disabilities differently from other temporary disabilities. Thus, if an employer permits employees on temporary leaves of absence for reasons other than pregnancy to borrow against future vacation time, the employer must make the same benefit available to employees on leave for pregnancy-related conditions."

Click here to read the complete article and all the information that Jeff provided.