Q. We have an employee who wants to take a chunk of paid time off. She is eligible for. We want to start deducting the time off from her 12-week entitlement. Usually we require employees to provide a medical certification. But in this case, we are more interested in making sure she doesn’t take unpaid leave later after her paid leave bank is exhausted. Can we just do this? — S.F., California
A. Employers can require their employees to have paid leave run concurrently with FMLA leave. Thestate that an employer may require an employee to substitute accrued paid leave for unpaid FMLA leave. The term “substitute” means that the employee’s paid leave will run concurrently with the unpaid FMLA leave.
It’s also important that the employer administer itsconsistently and make sure all employees follow the same procedures. Therefore, you should require the employee to provide a medical certification in this case. To avoid this situation in the future, revise your FMLA policy to state clearly that accrued but unused paid time off may run concurrently with FMLA leave.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Prepare to justify termination by citing business reasons unrelated to FMLA leave
- More than 5,000 have used N.J. state paid family leave
- Keep track of all time off! Authorized leave counts toward employees' FMLA eligibility
- Not all absences are equal; punishment needn't be either