New Regs regarding using vacation and sick days?

Buster and Sister

Has a new regulation been implemented that does not require companies to have employees taking FMLA to use all their vacation and sick days at the beginning of the leave? This was mentioned to me by another HR person and I've researched and cannot locate any information. I need some input.

cthr

FMLA is UNPAID leave unless a company has a policy requiring the exhaustion of available paid leave. It has never been a requirement under law that paid time be exhausted first.

LindaS

Unless there is a state requirement requiring otherwise, it is up to the EMPLOYER to determine whether or not to run FMLA concurrent with vacation/sick/PTO, etc.. Otherwise it is unpaid. Here in WI, the FMLA regs. state that it is up to the EMPLOYEE to decide whether or not to use their paid time off which makes tracking so much more important.