Does the law guarantee paid time off for FMLA?
No. The FMLA only requires unpaid leave. However, the law allows an employee to elect – or the employer to require the employee – to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins. Georgia Tech requires that employees use their accrued paid sick leave and/or vacation leave concurrently with FMLA leave before they go into an unpaid status. Exceptions: 1) If your FMLA leave is a result of an on-the-job injury and is covered under Workers’ Compensation, you have the option of taking unpaid leave even if you have sick or vacation leave available. 2) If an employee on FMLA leave has short term disability (STD) insurance, he or she may go into an unpaid leave status at any point once they begin receiving STD benefits, reserving any remaining accrued le
