Under the FMLA Can We Require that Employees Use Their Accrued Paid Time Off Concurrent with Taking What Would Otherwise be Unpaid Time Off Under this Law?

Yes, unlike federal military leave laws, the Family and Medical Leave Act (FMLA) allows employers the option of requiring employees to concurrently use their paid leave alongside the 12 workweeks of leave allotted under this law.  Companies need to be mindful of state laws covering similar leaves of absence that limit or prohibit them in this area (e.g., Wisconsin), but absent a state flavor the FMLA provides this option to employers. If you determine to mandate the concurrent use of paid time off with FMLA you will want to make certain that your FMLA policy clearly states this as your protocol.


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