Can an employer require an employee to use accrued vacation or sick days during FMLA leave?

In California, an employer generally cannot require an employee to use accrued vacation or sick days during Family and Medical Leave Act (FMLA) leave. This is because the purpose of FMLA leave is to provide eligible employees with unpaid time off work for specified medical and family reasons, including to care for a family member who has a serious health condition. However, it is important to note that an employer may require an employee to use accrued vacation or sick days as a form of substitute paid leave when the employee is taking FMLA leave. For example, if the employee has accrued vacation or sick days that are available to be used, the employer may require the employee to use those days during FMLA leave in order to receive compensation during the leave period. It is important for employers to be aware of state laws regarding FMLA leave. In California, employers must comply with both the federal FMLA and the California Family Rights Act, which provide additional rights and benefits to eligible employees taking family or medical leave. Employers must also ensure that any terms regarding paid leave during FMLA leave are clearly stated in the employee’s personnel file and that employees are aware of their rights and obligations under the FMLA and applicable state laws.

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Can an employer require an employee to use accrued vacation or sick days during FMLA leave?

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