Can I use my vacation or sick days while taking FMLA leave?
Yes, you can use your vacation or sick days while taking FMLA leave in New York. The Family and Medical Leave Act (FMLA) protects your job while you take up to 12 weeks off in a 12 month period for certain medical and family reasons, including to care for a sick relative or a new baby. FMLA leave can be taken either all at once or in increments of days or weeks. Under the New York State Paid Family Leave Law, workers are allowed to use vacation days, personal days, and/or sick days to supplement their income while taking an FMLA leave. Therefore, you can use paid time off as approved by your employer while on FMLA leave. The New York State Labor Law requires that employers must provide employees with at least two weeks of paid vacation, three days of paid personal leave, and one day of paid sick leave each year. However, it is important for employers to remember that these paid time off days are meant to supplement the unpaid leave provided under the FMLA. Therefore, employers cannot require employees to exhaust all their paid time off before taking FMLA leave. Furthermore, employers cannot require employees to use more paid leave than is actually necessary to supplement the unpaid FMLA leave. Overall, you can use your vacation or sick days while taking FMLA leave in New York. It is important to check with your employer to make sure you understand their policies regarding paid time off for FMLA leave.
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