Employer do’s and don’ts for applying accrued PTO to FMLA leave

The Family and Medical Leave Act (FMLA) allows eligible employees working for covered employers to take up to 12 weeks of unpaid, protected leave during a 12-month period for absences resulting from covered family or medical reasons. A recent U.S. Department of Labor (DOL) opinion letter reminds us how unpaid FMLA leave and employees’ accrued paid time off (PTO) may interact.

Policies requiring the application of accrued PTO

According to FMLA regulations, an employer may require its employees to apply or “substitute” their accrued PTO for any time missed on FMLA leave. In that way, an employee would receive compensation while on unpaid FMLA leave by virtue of the application of their PTO.

To require PTO substitution for FMLA absences, however, the employer’s FMLA policy must spell out that requirement. If the policy is silent on the issue, employees may choose whether they want to apply their accrued PTO to any FMLA absences.

Supplementing workers’ comp and disability benefits with PTO

A workers’ compensation injury can qualify as an FMLA-covered absence. Likewise, while on an FMLA-covered absence, an employee may be receiving short-term and/or long-term disability benefits. During an approved FMLA absence where an employee is receiving workers’ comp or disability benefits, an employer may not require the employee to apply accrued PTO to their absence.