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

The Family and Medical Leave Act (FMLA) is a federal law that requires employers to provide their employees with unpaid leave for certain family and medical-related reasons. It is also important to note that state laws, such as North Carolina, may offer additional protections to employees. In North Carolina, employers cannot require their employees to use vacation days or other forms of paid leave during FMLA leave. This was clarified in 2011 when the Eleventh Circuit Court of Appeals rejected an employer’s attempt to force an employee to use vacation days to receive pay while taking FMLA leave. The court’s decision was based on the plain language of the FMLA that states that an employee “shall be entitled to a total of twelve (12) workweeks of unpaid leave during any twelve (12) month period . . .” When it comes to the use of sick days, however, the answer may be more complicated. While employers cannot mandate their employees to use their sick days during FMLA leave, a 2019 decision by the Fourth Circuit Court of Appeals made it clear that employers can require employees to exhaust their accrued paid leave if there is a policy in place that requires it. Therefore, it is important for employers in North Carolina to check the language of their employee handbooks and policies regarding the use of sick leave in order to determine if they are allowed to require their employees to use paid leave during FMLA leave.

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

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