For FMLA, must the employee use unused accrued time concurrently with approved leave?

For FMLA, must the employee use unused accrued time concurrently with approved leave?

• A. Not required to use accrued time concurrently
• B. Yes
• C. Only with supervisory approval
• D. Only if medical documentation is provided

Answer: (B)

Under FMLA, employers may require substitution of accrued paid leave (like vacation or PTO) for all or part of FMLA leave. When a period is designated as FMLA leave and the employer requires this substitution, the employee must use the available accrued time during that leave. The time counts toward the 12-week FMLA entitlement and runs concurrently with the paid leave, so the employee’s total time off is limited by the FMLA 12-week cap. This is why the correct choice is that the employee must use unused accrued time concurrently with approved leave, provided the employer requires substitution. If there’s no substitution requirement, the employee could choose to take unpaid FMLA instead, but substitution is common and often mandated by policy.

Under FMLA, employers may require substitution of accrued paid leave (like vacation or PTO) for all or part of FMLA leave. When a period is designated as FMLA leave and the employer requires this substitution, the employee must use the available accrued time during that leave. The time counts toward the 12-week FMLA entitlement and runs concurrently with the paid leave, so the employee’s total time off is limited by the FMLA 12-week cap. This is why the correct choice is that the employee must use unused accrued time concurrently with approved leave, provided the employer requires substitution. If there’s no substitution requirement, the employee could choose to take unpaid FMLA instead, but substitution is common and often mandated by policy.