The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid leave annually for specific medical and family-related reasons. This federal law ensures that employees have job protection during their absence and continue to receive group health insurance benefits. But a common question arises: Can you go on vacation while on FMLA? The answer depends on the specific circumstances of the leave and the employer’s policies.
What Qualifies for FMLA Leave?
FMLA is designed to support employees during significant life events or medical situations. Some scenarios that typically qualify for FMLA leave include:
- Birth, adoption, or foster care placement of a child.
- Caring for a spouse, child, or parent with a serious health condition.
- The employee’s own serious health condition that makes them unable to perform their job.
- A qualifying exigency due to a family member’s active duty or call to duty in the National Guard or Reserves.
- Providing care for a servicemember with a serious injury or illness sustained in the line of duty.
Given these conditions, there are instances where travel during FMLA leave may be appropriate, such as travelling to adopt a child or seeking medical care in another location. But, other situations might need more careful consideration.
When Is Traveling on FMLA Leave Acceptable?
Travelling during FMLA leave can be acceptable under certain conditions. For example, an employee who is on leave to care for a sick parent may take a short break, or someone recovering from an injury might attend a family wedding out of state. Additionally, using vacation time to relax and manage stress-related conditions like PTSD could be permissible. But, employees need to communicate with their employer beforehand to avoid any misunderstandings.
According to Department of Labor regulations, employees can use accrued vacation time or paid time off (PTO) concurrently with their FMLA leave. This means that taking a vacation during FMLA leave could be possible, provided it aligns with the reason for the leave and company policies. Nonetheless, employers are not required to allow the use of vacation time during FMLA, so it’s crucial to check the company’s specific guidelines.
Potential Issues with Traveling During FMLA
While some forms of travel might be acceptable during FMLA leave, certain activities could raise red flags. For instance, if an employee is on leave for a physical injury but is seen engaging in strenuous activities, such as skiing or jet skiing, this could contradict the reason for their leave and lead to disciplinary action. Even more problematic is when employees use FMLA leave to extend their vacation under false pretenses. Such actions can result in termination, with little to no legal recourse.
A notable example involves Diondre Cobb, a former Alaska Airlines employee diagnosed with hydrocephalus. Cobb was approved for intermittent FMLA leave but chose to take a trip to Hawaii without arranging coverage for his shifts. He called in on the first day of his trip to use FMLA leave, raising concerns about the legitimacy of his claim. Following an investigation, Cobb was terminated for violating company policies, including dishonesty and misuse of travel privileges during FMLA leave.
In the case of Cobb v. Alaska Airlines, Inc., the court upheld the termination, stating that Alaska Airlines provided a legitimate reason for the dismissal, and Cobb failed to prove that the decision was discriminatory.
Navigating FMLA Leave and Vacation Time
For employees wondering can go on vacation while on FMLA, it’s essential to assess the situation carefully. While travelling may be acceptable in some circumstances, it’s crucial to communicate with the employer and get approval if necessary. Adhering to the company’s FMLA policies and procedures will help avoid potential conflicts.
If an employee is uncertain about their rights or has already faced disciplinary action, consulting with an employment attorney may be beneficial. Legal advice can provide clarity on the situation and help protect the employee’s rights.
Ultimately, while FMLA offers significant protections, it’s important to use the leave for its intended purpose and to be transparent with the employer to ensure a smooth process.