FMLA and PTO - Using PTO with Family Medical Leave Act
Complete guide to how FMLA and PTO work together. Learn about mandatory vs. voluntary PTO substitution, accrual during FMLA, and planning your leave.
FMLA and PTO Interaction
FMLA provides 12 weeks of job-protected unpaid leave. You can use PTO during FMLA to receive pay. Employers can require you to use PTO concurrently with FMLA, but cannot require it before FMLA eligibility is established.
Mandatory vs. Voluntary Substitution
Mandatory: Employers can require you to use accrued PTO/vacation during unpaid FMLA. Voluntary: You can choose to use PTO to receive pay during FMLA. Employers cannot require use of sick leave for non-medical FMLA, but can for medical leave.
PTO Accrual During FMLA
If you use paid PTO during FMLA, you typically continue accruing PTO. If you use unpaid FMLA, accrual may stop. Policies vary by employer. Check your company handbook and state laws for specifics.
Planning FMLA and PTO
Understand your FMLA eligibility (12 months, 1,250 hours). Calculate how much PTO you'll need to supplement unpaid leave. Coordinate with disability benefits if applicable. Plan timing to maximize benefits. Get everything in writing.