Benefits. Under the FMLA, if an employee’s protected leave is unpaid, the employer may require the employee to use any accrued vacation, PTO, or sick time. However, if the employee’s protected FMLA leave is paid through workers' compensation or a short-term disability policy, then the employer may not require the employee to use any of their accrued vacation, PTO, or sick time. FMLA2025-1-A, (Opinion Letter) states that employers are likewise prohibited from requiring employees to use accrued vacation, PTO, and sick time if they are on a protected FMLA leave while receiving compensation from a paid family leave program. Although Florida does not have mandated state disability benefits, if you have remote employees in these states, this would apply. |