Using PTO During FMLA Leave: What You Need to Know

Introduction

FMLA leave is unpaid—but that doesn't mean you won't get a paycheck. Your employer can require you to use your paid time off (PTO) during FMLA leave. Here's how it works.

The PTO Substitution Rule

FMLA allows employers to require—or allow—the **substitution** of accrued paid leave for unpaid FMLA leave.

This means: - Your employer can force you to use vacation, sick, or personal time - The paid leave runs **concurrently** with FMLA - Your 12 weeks of FMLA protection still applies

How It Works

**Example:** - You take 6 weeks of FMLA leave - You have 2 weeks of PTO banked - Employer requires PTO substitution

**Result:** - Weeks 1-2: Paid (using PTO), counts as FMLA - Weeks 3-6: Unpaid, counts as FMLA - FMLA balance remaining: 6 weeks

Employer vs Employee Choice

| Situation | Who Decides | |-----------|-------------| | Employer has substitution policy | Employer can require it | | No written policy | Employee can choose to use PTO | | State law requires paid leave | State law may override |

Important Rules

### 1. PTO Must Be Available Employers can only require substitution of leave you've already accrued. They can't borrow against future PTO.

### 2. Type Matching Often, the type of paid leave must match the FMLA reason: - Sick leave → Your own health condition - Vacation → Bonding leave or family care - Personal days → Either

Policies vary—check your employee handbook.

### 3. FMLA Protections Still Apply Even when using PTO: - You're still on FMLA-protected leave - Your health insurance continues - You can't be penalized for the absence - You're entitled to reinstatement

State Paid Leave Is Different

If your state has **paid family leave (PFL)**: - PFL usually runs concurrently with FMLA - You get wage replacement from the state - Employer may not be able to require additional PTO on top of PFL

Check our [State Leave Laws](/states) for your state's rules.

Planning Strategies

### If You Want to Save PTO - Check if employer policy allows choice - Use state PFL if available - Take unpaid FMLA first, then use PTO after

### If You Need the Income - Use all available PTO at the start - Apply for state PFL immediately - Consider short-term disability if eligible

Conclusion

PTO substitution is legal and common. Understand your employer's policy before your leave starts so you can plan your income and time off accordingly.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*