FMLA & vacation time?

that is in our company policy:
"If you request family/medical leave because of a birth , adoption, or foster care placement of a child or to care for a covered relation with a serious health condition any accrued paid vacation, personal days or family leave must be used first as part of your family/medical leave."

So this means if I have vacation time I have to use it first and the FMLA, or only the FMLA.

Please help!!

Pretty standard policy. It means if you have any vacation accrued, you have to use it FIRST, then you can use the FMLA leave.

It means you use the accrued vacation time on the books before FMLA kicks in. Remember FMLA provisions state it will only cover 12 work week cycles, too.

Laws may vary, but it's stated in terms under company policy. According to what you wrote, vacation time, and if applicable, holiday, comp and sick time must be exhausted first.

If you were Bush, you could take 1.25 Vacation years for every 7 years worked.

no. absolutely not. check out edd.ca.gov the laws are similar every state. so it should help. but i just came off of fmla so i know

you use your regular vacation time first and if thats used up then the family plan kicks in.

Yep, that's the way it works. FMLA is there only to cover your absence, NOT the pay.
With FMLA coverage, they cannot discharge or penalize you for missing work, but they don't have to pay you for it.
Vacation time, sick time (if the FMLA coverage is for your self), or time off without pay are your choices.

It means your sick and vacation time count towards the 12 weeks. Here is from the Dept of Labor.

Q: Does the law guarantee paid time off?

No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins.

Yes, you must use your time first before FMLA kicks in. Remember, this is to protect your position for a twelve week period. Say you take all of it right off the bat because you had no accrued time. Then you had another emergency. You would not be eligible in that same time frame because the 12 weeks are gone. This way you use some vacation and some FMLA time. It benefits you really.

You use the vacation time first (which is paid but limited to the amount of time that you have accrued), and then the FMLA (which may be unpaid but lasts for however long the law says).

Yes. FMLA does not cover salary and benefits but other time off probably does, depending on you employer. Because the employer must maintain a constant payment into retirement and medical plans they can require you to expend all of your accrued time before taking leave. Most employers now have some sort of FMLA insurance fund to help them cover benefits while people are away.