FMLA
Can I use PTO during FMLA leave?
Quick Answer
Yes, and employers can require you to use PTO concurrently with FMLA.
Detailed Answer
Using PTO during FMLA is common and sometimes required:
**Key Rules:**
1. **Employer CAN Require:** Employers can mandate that you use accrued paid leave (PTO, vacation, sick) concurrently with FMLA.
2. **Employee CAN Choose:** If employer doesn't require it, you can choose to use paid leave or take unpaid FMLA.
3. **Runs Concurrently:** Using PTO doesn't extend your FMLA. Both clocks run at the same time.
**Example:**
- You have 2 weeks PTO and need 6 weeks FMLA
- Employer requires PTO substitution
- Weeks 1-2: Paid (using PTO)
- Weeks 3-6: Unpaid FMLA
- Total FMLA used: 6 weeks
**Special Considerations:**
- **Sick leave:** Employers can require sick leave use only for conditions that would qualify under their sick leave policy
- **Waiting periods:** Some employers waive waiting periods for PTO during FMLA
- **State paid leave:** In states with paid family leave, state benefits may run concurrently with FMLA and PTO
**Best Practice:** Coordinate with HR to understand exactly how your PTO and FMLA will interact before taking leave.
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