Can an employer with unlimited vacation deny the use of vacation during any federal or state job protected leave?

Asked on August 7, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes. While employers will generally allow employees to use vacation during this sort of leave, such as FMLA leave, the law does not require them to do so; the law requires that, if you meet the eligibility requirements, you be given unpaid leave but does not mandate that you be allowed to use PTO during the leave. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes. While employers will generally allow employees to use vacation during this sort of leave, such as FMLA leave, the law does not require them to do so; the law requires that, if you meet the eligibility requirements, you be given unpaid leave but does not mandate that you be allowed to use PTO during the leave. 


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