Requiring PTO use before unpaid FMLA leave is allowed, but note state requirements
Q Can we require employees to use accrued paid time off (PTO) before taking unpaid Family and Medical Leave Act (FMLA) leave, or must we provide FMLA leave and allow them to take PTO during the leave if needed?
Under the FMLA, employers may require employees to use accrued PTO, such as vacation leave, personal leave, or sick leave, concurrently with unpaid FMLA leave. This means an employer can mandate that employees substitute their accrued paid leave for unpaid FMLA leave, effectively running the two types of leave concurrently. For example, if an employee has two weeks of accrued PTO and begins FMLA leave, a policy of this type would require the employee to use accrued PTO for the first two weeks of the FMLA leave—the first two weeks of the employee’s FMLA leave would be paid through accrued PTO, and the remainder would be unpaid.