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

The Family and Medical Leave Act (FMLA) of 1993 is a federal law that provides eligible employees with up to twelve weeks of job-protected leave each year for certain family and medical situations. Under FMLA, an employer cannot require an employee to use accrued vacation or sick leave during FMLA leave. In Texas, employers are required to follow the federal law. This means that employers must not require employees to use, or threaten to require them to use, accrued vacation or sick days during their FMLA leave. In addition, an employer can’t deny an employee the right to FMLA leave because the employee doesn’t want to use vacation or sick days during the leave. An employer may, however, choose to allow an employee to use vacation or sick days during FMLA leave. This is referred to as voluntary substitution. If an employee decides to use accrued vacation or sick days during their leave, the employer can not reduce the total amount of leave available to the employee. Given the federal and state regulations, it is important for employers to know and understand their responsibilities when it comes to FMLA leave, and the actions they can and cannot take when it comes to vacation and sick days. Doing so will ensure that employers are compliant and their employees have the protections the FMLA provides.

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

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