What is the state’s policy on the use of an employee’s accrued leave while on FMLA?

An employee on FMLA leave is required to use any accumulated compensatory, sick, or annual leave while on FMLA leave, and such leave runs concurrently with the employee’s FMLA entitlement. However, effective March 1, 2025, an employee can elect to hold up to 10 days of annual, compensatory, and/or sick leave while on leave under the FMLA. An employee may choose what type of leave they hold, and it can be a combination of sick, annual, or compensatory leave. The held leave shall not exceed 10 days in an FMLA leave year.¹

For example, an employee has 5 days of annual leave and 16 days of sick leave in his leave balance. The employee has been approved to take FMLA leave for 12 weeks beginning on March 1, 2025. In order to ensure he does not exhaust his leave balance, the employee elects to hold 5 days of annual leave and 5 days of sick leave from his balance during his FMLA entitlement. The remainder of the employee’s accrued leave will run concurrently with his FMLA leave, and the remainder of his FMLA leave once that exhausts will be unpaid. Once the employee returns from FMLA leave, he will still have the held leave (5 days of sick leave and 5 days of annual leave) in his balance for other uses in accordance with the State’s Attendance & Leave Manual.

¹Except in the case to care for a covered service member with a serious injury or illness, the FMLA leave year is defined as a total of 12 work weeks during a 12 month period.