Legal Question in Medical Leave in Minnesota
FMLA - Donated PTO
An employee has stated she is working intermittent hours under the FMLA act (her husband is sick). She was out for the prior 2 months using donated PTO time from other employees. If she is using donated PTO time - I do not believe she can consider herself under FMLA. Is this corrrect? Legally, how does her intermittent hours affect other employees who are asked to cover in her absences? Could this be favoritism (of that employee) or discrimination (against the employees who are performing their duties and asked to cover for the affected employee also)?
1 Answer from Attorneys
Re: FMLA - Donated PTO
Based on the facts that you have written, it is doubtful that there is any sort of claim for illegal activity on behalf of the employer.
It is sometimes helpful to revisit exactly what the FMLA is and what it is not. The FMLA is a leave protection statute. This means that if the law applies to you (1) you can take leave and (2) during a period of leave your employer cannot take away your job because you are gone. The FMLA does not guarantee any sort of pay (in fact, it only provides for unpaid leave) which is what PTO does. PTO provides pay for a time that is otherwise unpaid. It typically does not serve to extend a protected leave period under the law.
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