Employees on FMLA leave must use their accumulated compensatory, sick, or annual leave for qualifying FMLA reasons.
However, an employee on FMLA leave who is also eligible for Paid Parental Leave or Paid Family Leave shall receive up to six (6) workweeks of paid leave for qualifying reasons, and this paid leave shall not count against the employee’s annual, sick, or compensatory leave.
This paid leave runs concurrently with the employee’s FMLA entitlement.
Any FMLA leave an employee elects to use beyond the six (6) workweek paid leave entitlement shall count against the employee’s accumulated compensatory, sick, or annual leave for the absence (unless the employee elects to hold leave as noted above).
An employee with no accumulated sick, annual, or compensatory leave balances must take their FMLA leave unpaid.
Employees must use all accrued leave before taking unpaid FMLA leave; however, they may choose to hold up to 10 days of leave (sick, annual, or compensatory) to maintain their balance.
Held leave cannot exceed 10 days in an FMLA year and must follow standard attendance policies when later used.
Employees may also save the required days for Sick Leave Bank participation by stating this intent when requesting FMLA leave.
The purpose must be stated when requesting FMLA leave.
For more information, visit the State of Tennessee Attendance and Leave Manual.
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