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Family and Medical Leave: Can You Require an Employee to Use Paid Time Off While Receiving Other Salary Replacement Benefits?
This Month in the California Employer Advisor: Leave under the Family and Medical Leave Act (FMLA) is generally unpaid, but employers have the right to require employees, or employees can elect, to use their accrued paid leave during a FMLA leave. Suppose, however, that an employee is receiving other salary replacement benefits—such as temporary disability payments—during an FMLA leave. Can the employer in that situation require the employee to simultaneously use accrued vacation, sick leave, or other PTO? A new case from a federal appeals court answers this question. |