While on FMLA, do the employer need to pay for vacation time note accrued?

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While on FMLA, do the employer need to pay for vacation time note accrued?

We have an employee who is hourly. He gets 5 PTO and 5 Vacation days each year.
This accruement is based on 10 months. He is asking if he can use ALL his 10
days even though he has only accrued 1.5 for each benefit. Can he continue to
accrue while on FMLA?

Asked on April 6, 2018 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, employees do not acrue sick and/or vacation time when out on FMLA leave. Those things are accrued by *working*: being out on leave is not, however, working. Certainly, an employer could choose to allow accrual, but that's 100% voluntary on the employer's part; they do not need to.


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