Q. Our employees earn paid sick and vacation leave. Can we require them to use their paid leave at the same time they take unpaid
A. Yes, you can. The permits employers to require employees to use their accrued paid vacation leave and (subject to certain restrictions) their sick leave for some or all of their FMLA leave. You can require your employees to substitute accrued paid vacation or personal leave for any FMLA leave.
However, the substitution of accrued sick or is limited by your own policies governing the use of such leave. If you decide to require employees to use their paid leave, you can count the paid leave against the FMLA 12-week entitlement, in effect running the two types of leave concurrently.
- DOL teams up with private lawyers to encourage FMLA, FLSA lawsuits
- The HR I.Q. Test: March '08
- Alleged discrimination brings claims against insurance agency
- Tell supervisors: Brief contact is OK, but never badger employee out on FMLA leave
- Make sure handbook spells out how leave works as a reasonable accommodation