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InstituteIn Depth (Level 3)Family and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)EnglishAnalysisFocus AreaUSA

Paid leave

['Family and Medical Leave Act (FMLA)']
Paid leave
  • A company may require an employee to use accrued paid leave for otherwise unpaid FMLA-qualifying leave.

The Family and Medical Leave Act (FMLA) generally provides for unpaid leave.

If a company provides paid leave such as vacation, sick leave, or other accrued paid time off, which could run concurrently with FMLA leave, the employee may elect or a company may require the employee to take such leave concurrently with otherwise unpaid FMLA leave. Any remaining FMLA leave in the 12-month period beyond the paid leave may be unpaid.

Company leave policy

An employee’s ability to substitute accrued paid leave for otherwise unpaid FMLA leave is determined by the terms and conditions of normal leave policies.

A company may also require that such paid leaves be substituted for (used concurrently with) otherwise unpaid FMLA leave, as long as the reason for the leave is FMLA-qualifying.

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family-and-medical-leave-act-fmla
family-and-medical-leave-act-fmla
FOUNDATIONAL LEARNING
Paid leave
  • A company may require an employee to use accrued paid leave for otherwise unpaid FMLA-qualifying leave.

The Family and Medical Leave Act (FMLA) generally provides for unpaid leave.

If a company provides paid leave such as vacation, sick leave, or other accrued paid time off, which could run concurrently with FMLA leave, the employee may elect or a company may require the employee to take such leave concurrently with otherwise unpaid FMLA leave. Any remaining FMLA leave in the 12-month period beyond the paid leave may be unpaid.

Company leave policy

An employee’s ability to substitute accrued paid leave for otherwise unpaid FMLA leave is determined by the terms and conditions of normal leave policies.

A company may also require that such paid leaves be substituted for (used concurrently with) otherwise unpaid FMLA leave, as long as the reason for the leave is FMLA-qualifying.

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