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

In Washington, it is generally against the law for employers to require an employee to use their accrued vacation or sick days while on Family and Medical Leave (FMLA) leave. According to the Washington State Human Rights Commission, FMLA leave is a job-protected leave of absence and employers are not allowed to require an employee to use their paid time off while on FMLA leave. The law states that employers must treat employees who take FMLA leave the same as those who take other types of leave, like non-FMLA medical leave, vacation time, and other kinds of time off. This means that employers must allow employees to use their accrued vacation or sick days as long as the leave taken is not FMLA-qualified. If an employee has taken FMLA leave, the employer is not allowed to require the employee to use their accrued vacation or sick days. Additionally, the law states that employers must maintain the same level of group health benefits for employees who take FMLA leave as for those who do not. This means that an employee on FMLA leave is still eligible for the same group health benefits such as medical, dental, vision, and prescription plans. In summary, an employee on FMLA leave in Washington cannot be required by their employer to use their accrued vacation or sick days during their leave. Additionally, their employer must maintain the same level of health benefits during the employee’s leave as when they were working.

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

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