Question:
Do I have to use all my vacation time?

My boss found out today that I am going to have surgery. I was told that I would have to use all my sick/personal time as well as my vacation time. I have made plans to take my son to Disney this year with my sisters and mom. I don't want to use my vacation time and don't see why I should be forced to use that time to recover from surgery. I am willing to use my sick and personal time. All I want is 5 of my vacation days. I am in NY and wonder if even though company policy says the vacation time must be used, is there any way around it?    — candymom64 (posted on April 5, 2002)

April 5, 2002
I took Family leave and only had use sick days and saved my vacation days.
   — Candace F.

April 5, 2002
"Under most circumstances, an employee may elect or the employer may require the use of any accrued paid leave(vacation, sick, personal, etc.) for periods of unpaid FMLA leave." Under FMLA you get up to 12 weeks unpaid time in twelve months, it is important to note that you are NOT guarenteed the SAME job that you left, but one of equal status and pay. If you don't think you will need to apply for FLMA it's up to you how much time you take off for surgery and how much you save for vacation. For more FMLA info, check out http://www.hrnext.com/content/subs.cfm?subs_id=144
   — Angela B.

April 5, 2002
You would have to use it all first under FMLA. Mine was looked at as short term disability. I still got a regular check and didn't have use up my time first. You could possibly schedule your surgery some time after your trip? I'm sure you would enjoy it so much more if you had some of the weight off first though. Best of luck.
   — lessofme170

April 5, 2002
I was out a total of 3 weeks and I went on disability
   — zappygirl1974

April 5, 2002
I called my HR dept. I too was out under short term disability, and was out only for just three weeks (until clearance for driving). I had my surgery performed LAP.
   — Karen R.

April 6, 2002
Sounds like it all depends on the employer. My husband's company requires they take all their sick and vacation days first before going on FMLA.
   — Karen B.

April 7, 2002
Unfortunately, its probably true. The 3 empolyers I have worked for would all require that you exhaust all sick leave and vacation days before getting any FMLA or short term disability. That usually is the rule. But, check with HR....maybe there is a way you can get around it.
   — emilyfink