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Can we require employees to use accrued paid leave instead of FMLA leave?

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in FMLA Guidelines,Human Resources

Q. One of our supervisors needs time off to undergo medical treatment. Instead of FMLA leave, may we require him to use accrued vacation for the time he will miss?

A. Yes. The FMLA permits employers to require employees to substitute accrued paid leave for unpaid FMLA leave. To substitute accrued paid leave for FMLA leave, an employee must comply with the terms and conditions of the employer’s normal leave policy. If the employee does not satisfy any procedural requirements of the employer’s paid leave policy, the employee isn’t entitled to substitute accrued paid leave. However, he would still be entitled to take unpaid FMLA leave.

Employers that require paid leave substitutions must provide notice of the employee’s right to substitute paid leave, the conditions related to any substitution, and the employee’s entitlement to take unpaid FMLA leave if the employee does not meet the conditions for paid leave.

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