Family Medical Leave Act

questions & answers

Question: Does an employee first have to utilize his/her accrued vacation and sick leave before FMLA can be taken?

Answer: In Arizona, an employer may have a policy requiring an employee to use their accrued vacation and sick leave or other paid time off before an employee can take FMLA. Furthermore, the FMLA allows employers to require an employee on FMLA to use their vacation and sick leave or other paid time off while on FMLA. For example, an employee with two weeks of unused accrued vacation needs twelve weeks of FMLA. The employer can require the employee to use the unused vacation for the first two weeks of FMLA. The other ten weeks of FMLA are unpaid. The two weeks of unused vacation does not extend the employee's FMLA time off to 14 weeks.

QUESTIONS

  • Does an employee first have to utilize his/her accrued vacation and sick leave before FMLA can be taken?

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