FMLA Substitution Poll

FunHRBanker

Under Wisconsin FMLA, employees can substitute whatever accrued paid leave they have available regardless if it fits your definition of what's allowable for that type of leave. After that, they are subject to federal FMLA only and therefore cannot substitute leave for any situation not covered by your leave plan. For example, our sick time can be used for the employee's illness or injury, immediate family, and doctor appointments for themselves or immediate family members. Therefore, employees would not be allowed to use sick time after their WI FMLA runs out for the birth/placement of a child for regular "maternity/paternity" leave. Do you allow the substitution of sick time for the remainder of the time an employee is out for the birth/placement of a child, or do you only allow the use of vacation and personal time?

Susan in La

The mother uses sick leave as long as she is under physician's care. Any time after that is vacation time. Our policy does not let an employee use sick leave for other family members' illnesses, only her/his own illness. A father would use vacation time for any time off for birth or adoption of a child.

davids

We allow the use of sick leave for "paternity" leave and for the care of immediate family members. I am not sure about your use of the word "substitution." Although the employee is using sick leave, it still counts towards FMLA or our state OFLA.

FunHRBanker

Yes, they are substituting paid time for unpaid time. It doesn't extend their leave. Do you allow the use of sick leave beyond what's prescribed by law? In WI it would be after the first 6 weeks.

davids

Yes, we do allow, in fact we require, employees to use their accrued sick leave or other paid leave (vacation, personal, holiday) when on FMLA or OFLA (Oregon Family Leave).