I had surgery on 1/3/19. Right before my leave, I submitted a question to HR on how to enter my time as unpaid as I assumed my FMLA was unpaid. They never responded. I then found out upon my return that they took all my vacation days and now I don't have a single day off until 2020. Can they do this?
FMLA permits an employer to require use of accrued vacation for FMLA leave, but likely must apply the requirement consistently to all its employees.
Since I do not know the facts of your case, I cannot give you legal advice and do not intend to do so. I only am trying to be of some assistance in helping you decide whether or not to hire a lawyer.
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