Can I use my vacation or sick days while taking FMLA leave?

Yes, you can use vacation or sick days while taking FMLA leave in Virginia. Under the federal Family Medical Leave Act (FMLA), Virginia employees with at least 12 months of service and 1,250 hours of work during the 12 months prior to the start of leave are eligible for up to 12 weeks of unpaid job-protected leave in a 12-month period. During this time, you can use any paid time off, like sick or vacation days, that you have accrued. However, you must make sure to use up all of your vacation or sick days before switching over to unpaid FMLA leave. It is also important to note that employers cannot require employees to use any accrued time off during FMLA leave, although an employer may require an employee to use vacation, personal, or other paid leave if the employee chooses to take that leave. All employers in Virginia must abide by FMLA regulations and are subject to penalty if they fail to comply.

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Can I use my vacation or sick days while taking FMLA leave?

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