Can an employer require an employee to use accrued vacation or sick days during FMLA leave?
In the state of Colorado, an employer cannot require an employee to use vacation or sick days during Family and Medical Leave Act (FMLA) leave. FMLA regulations in Colorado require employers to allow employees to take up to 12 weeks of unpaid leave for qualifying medical reasons. During this time, employers must continue to provide employees with health benefits in accordance with the state law. Employers may only ask an employee to use accrued vacation or sick days during FMLA leave in order to continue receiving their full pay for the duration of the leave. An employee has the right to choose whether or not to use their own vacation or sick days during the FMLA leave. The employee may also use their vacation or sick days to supplement their income while on leave. Employers must inform their employees of the specific rules regarding the use of vacation or sick days during the FMLA leave and must ensure that employees are aware of their rights under the FMLA. Employers cannot force an employee to use their own vacation or sick days during the FMLA leave, and any attempt to do so would result in a violation of the law. It is important for employers to understand their state’s FMLA regulations in order to ensure that they are compliant with state and federal laws. By doing so, employers can make sure they are providing their employees with the necessary leave benefits they are entitled to under the law.
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