Ask The Lawyer

By Debra Roth

Q & A Session – FMLA in Regards to Childbirth

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I will be having my first child and becoming a father soon. Can I use FMLA intermittently? It looks like from the Department of Labor information I found, you may but it is subject to the employer’s approval.

I requested to use one week of leave when the baby is born and eight additional weeks a couple of months later. I also requested an additional week months following that for my child’s first birthday. I was told they may not allow it because I must use all of the leave at once unless I have doctor appointments or a medical condition. Is this true?

A:

Under 29 CFR § 825.202 ©, FMLA does not generally require an employer to authorize intermittent leave in relation to child birth. However, an employer may agree to do so voluntarily.

Also, if your child has a medical condition which requires additional care, you may be able to use leave in relation to that condition. Events like a first birthday are not covered under FMLA, but you could take annual leave for that event. 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

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Q & A Session – Use or Lose Leave & Furloughs

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

If sequestration and a DoD furlough happen, would there be provisions for those who have “use or lose” leave to have the leave carried over to the next calendar year as restored leave?

A:

The first round of furloughs will be done by October 1, 2013. This will allow three months to use “use or lose” leave. 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

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Q & A Session – Mandatory Leave

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I recently became aware of a case in which a federal employee had annual leave approved, decided not to take it, but was told by his or her supervisor that he or she would be required to take it. After getting the leave approved, the employee decided to retire before the end of the leave year, and therefore wanted to let the leave accrue, so he or she could get paid for it. The leave in question was use-or-lose leave. Is this a violation of federal regulations?

A:

If an employee has leave approved and then decides to work instead, the employee should not be charged with leave. Annual leave is taken at the option of the employee, subject to supervisory approval.

 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

 

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

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Q & A Session – Earning Annual Leave

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I have a serious medical condition, and, because of this, I have had to use all available sick leave, advanced sick leave (currently being paid back each pay period), and my annual leave as I earn it. During the last pay period, I took 8 hours annual along with FMLA leave as I have been doing for several months; however, I received notice that I did not have annual leave to cover the 8 hours and it was converted to leave without pay. Can they do that if I earn 8 hours per pay period?

A:

If you did not have annual leave, your agency has the discretion to advance it but it does not have to. If you receive 8 hours of annual leave per pay period, you will have leave accrued for future medical absences.

 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

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Q & A Session – Annual Leave as Lump Sum

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

After an involuntary separation, I wanted to use annual leave for my last five weeks after my last day on the job. However, I wanted my annual leave spread out, rather than in a lump sum to preserve my health benefits for as long as possible and extend my service for retirement purposes. Is there a rule that says you have to have a lump sum or can I have it spread out over weeks?

A:

You can take annual leave for your last five weeks, if the leave is approved. If the leave is not approved, you are stuck with the lump sum payment.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

 

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Q & A Session – Requesting Advance Sick Leave

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

I have over 26 years of government service and have been diagnosed with Post Traumatic Stress Syndrome, anxiety and depression. I have applied to Social Security for disability and am out of sick leave and running out annual leave. Can I request advance sick leave even though I have applied for disability?

A:

You can apply. Your agency will grant or deny the advance sick leave based on their discretion. Have you also applied for disability retirement? Given over 26 years of service, you may also qualify for discontinued service retirement if your agencies fires you for not meeting the medical requirements of your job (as opposed to AWOL for not coming to work after you run out of leave).

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

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