Can an employee take FMLA leave for a vacation?
No, an employee cannot take FMLA leave for a vacation. The Family and Medical Leave Act (FMLA) of California provides up to 12 weeks of unpaid, job-protected leave to employees who need to take an extended absence from work in order to care for themselves or a family member. The leave is also available to employees on military duty. Vacation time typically falls outside the realms of what the FMLA covers. That being said, some employers may provide additional benefits, such as paid time off for vacations, which may be approved for use in conjunction with FMLA leave. In such cases, an employee may be able to combine their vacation with FMLA leave if it is agreed upon by the employer. However, this is not a guarantee, and any decision to allow an employee to take FMLA leave for a vacation rests solely with the employer. In general, employees cannot use FMLA leave for absences that are unrelated to medical or emergency family issues or for any other purposes not allowed under federal or state law. Therefore, unless such use is explicitly approved by the employer, an employee cannot use FMLA leave for a vacation.
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