Does an employee accrue sick and/or vacation leave while out on FMLA?
An employee on FMLA leave must be treated like other persons on a similar leave of absence. So if the personnel policy provides that employees on other forms of unpaid leave accrue sick and/or vacation leave, then employees on FMLA leave must also be permitted to accrue sick and/or vacation leave. If sick and/or vacation leave is running concurrently with FMLA leave and the personnel policy allows additional sick and vacation leave to accrue during this period, then for the period of FMLA leave during which sick and/or vacation leave are also running, the employee must continue to accrue leave. See 29 CFR ยง 825.209(h).
