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.