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Can we force employees to use vacation days as part of FMLA leave?

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in FMLA Guidelines,Human Resources

Q. In accordance with the FMLA, we provide up to 12 weeks of job-protected leave to eligible employees for a qualified reason. Leave under the FMLA is unpaid. However, may we require employees to concurrently exhaust any earned but unused vacation time that they may have accumulated?

A. Yes. The FMLA permits employers to require employees to exhaust their earned but unused vacation. Your FMLA policy should clearly state that the available vacation does not extend the 12-week FMLA leave period but runs concurrently with it, and that, after the available vacation days run out, the remainder of the FMLA leave is unpaid.


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