Family & Medical Leave Act (FMLA)

If your employer provides you with paid vacation, sick or personal days, you may elect to use up any accrued days as part of the 12 weeks of FMLA leave. (Of course, the benefit of this is that you get paid for those days, whereas pure FMLA leave is unpaid). If you would normally be entitled to a continuation of benefits during your vacation, sick or personal days, you are entitled to those benefits even though the days count against the FMLA period.

But note: Even if you decide not to substitute paid leave for a portion of your FMLA unpaid leave, your employer can insist that you do so. In other words, if you need to take off twelve weeks of work, your employer may require that you use up your accrued sick or vacation days during the course of those twelve weeks.

Also note: If you want to take paid leave instead of unpaid FMLA time off, your employer is allowed to apply its normal policies for taking paid leave. For instance, if an employer's paid personal leave policy requires two days notice for the use of paid personal leave, an employee who seeks to substitute paid personal leave for unpaid FMLA leave would have to provide two days notice.

AND: For information about how to maximize your benefits if you need time off work for health reasons, click here. 

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