FMLA and paid leaves
Employee may choose to substitute accrued paid leave for unpaid FMLA leave if the employee
complies with the terms and conditions of the employer’s applicable paid leave policy. Substituting
paid leave for unpaid FMLA leave means that the two types of leave run concurrently, with the
employee receiving pay pursuant to the paid leave policy and receiving protection for the leave under
the FMLA. If the employee does not choose to substitute applicable accrued paid leave, the employer
may require the employee to do so.