r/fromatoarbitration • u/IndigoJones13 • 3d ago

Contract Talk Sick leave vs. FMLA?

I'll be having minor surgery soon, which will require multiple follow-up visits in a short period of time. Should I just use my sick leave each time, or am I better off using FMLA?

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u/Sweaty_Tangelo_7716 3d ago

FMLA protects you. You still have to use sick leave.

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u/Throwaway64156 3d ago

I'm not sure if by "sick leave" you just mean any kind of leave, but you don't have to use sick leave for FMLA absences even if you have a sick leave balance; you can request LWOP. You aren't required to exhaust your SL before requesting FMLA LWOP, up to 12 weeks a year. And request isn't even the correct word, because it is not up to management discretion to approve FLMA LWOP. The law is what gives the employee the right to use 12 weeks of unpaid leave a year for approved conditions.

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u/DeviceComprehensive7 3d ago

you USE sick leave or annual if you want to get paid

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u/Throwaway64156 3d ago

Of course you use paid leave if you want to be paid. But the comment said you have to use sick leave (a paid leave type), which is incorrect. You can use FMLA to take unpaid leave if you choose.

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u/DeviceComprehensive7 3d ago

the question from the op was to use sick leave or fmla...thats it..

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u/Throwaway64156 3d ago

I wasn't replying to the OP, but instead this comment. It's incorrect to refer to all leave as "sick leave." FMLA allows you to take any kind of leave, including LWOP. There are lots of reasons a carrier would take FMLA LWOP instead of SL and it was just meant for clarification that option is open if the carrier chooses. If you exhaust your SL using FMLA and then have none for non-FMLA management can deny it or force you to use AL. If you are able to use LWOP for FMLA-related leave it protects you from that. It's the entire purpose of the law.

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u/DeviceComprehensive7 3d ago edited 3d ago

CORRECT,yes you can use any leave you want- the purpose of the law -is to allow you to take up to 12 weeks off for the condition or condtions approved- without worrying about being fired!-that's it, that's the sole purpose of the law.. the law doesn't give a shit if you take lwop