Legal Question in Medical Leave in New York

My husband is having surgery and his employer is requesting him to put in for FMLA. My ? is can he receive his full pay check while out if he uses his sick time and vacation?


Asked on 2/15/11, 8:10 am

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Yes, he can and will first exhaust his sick leave and vacation leave in the absence of a company policy that states otherwise.

Check your husband's employee handbook or contact the HR department to get the facts on how his company treats FMLA leave.

If you have further questions, you can contact my office by email.

Good luck!

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Answered on 2/15/11, 4:52 pm


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