Employment Law Questions? Ask an Employment Lawyer.
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The answer depends on the policy of your employer. The employer has some leeway under federal law as to this situation. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.
You need to take a look at your employee handbook to see if your employer has a policy one way or the other. If it is not in a handbook, speak with your human resources department to see how they have handled this with other employees. They are essentially bound by the precedent they set in the absence of a written policy.
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