SUBSTITUION OF PAID LEAVE
DURING A FMLA AND/OR WFMLA LEAVE
Under WFMLA, employee may elect to substitute any type of
employer-provided paid leave (vacation, sick leave, personal
holiday...) during WFMLA-approved leave. The employer may not
force substitution.
Under FMLA only, employee may be eligible to substitute some
forms of employer-provided paid leave during a FMLA-approved
leave. There is no limit on substituting paid vacation,
sabbatical, personal/floating holiday or comp time but the
employee many not substitute paid sick leave for any situation
where the employee is not otherwise allowed to use sick leave
per employer sick leave policy. For example, an employee may not
use sick leave during a FMLA military exigency leave to arrange
for childcare, attend military ceremonies, attend to legal
affairs... Sick leave may also not be used to care for a newborn
child or newly placed adopted child or foster child under FMLA.