Substitution of PTO

Bryan

Some FMLA materials I have read indicate that an Employer's policy cannot force an Employee to use their Sick Leave during FMLA leave if it is for birth or adoption, only Vacation Leave. Some of the other threads in this section seem to indicate that many companies by policy force employees to use their accrued sick and vacation anytime they take FMLA leave. I am looking for a definitive answer and a verified source for this. Thanks for any help you can give.

awilliams

Bryan,

According to the FMLA regulations, paid vacation, personal or family leave may be substituted for all or part of any unpaid FMLA leave relating to birth or adoption of a child, or to care for a spouse, child or parent with a serious health condition. 29 C.F.R. 825.207(b).

Paid vacation, personal or medical/sick leave may be substituted for unpaid FMLA leave to care for a family member or the employee's own serious health condition. Further, the employee can only substitue sick leave for a family member's sickness if the employer's policy ordinarily allows an employee to use sick leave for a family member. 29 C.F.R.207(c).

I hope that this helps!

Anne Hunter Williams
M. Lee Smith Publishers

Rockie

It depends on your policy. Some companies don't require employees to use paid time off to run concurrently with FMLA. This allows the employee to hold on to what are sometimes substantial leave banks and they can take 12 weeks of unpaid leave (if desired) and then take vacation time.

Most companies require that employees burn up their PTO concurrently with FMLA. There is nothing in the regulations that prohibits this.