FMLA and your accrued leave: an example

You meet the FMLA eligibility criteria and you have up to 12 weeks of FMLA leave for certain situations (birth or adoption of a child, serious health condition, or serious health condition of a family member). You must use your available paid leave first, then unpaid leave. (Exception: If your FMLA leave is a result of an on-the-job injury, you have the option of using unpaid leave even if you have paid leave available.) FMLA leave runs concurrently with all paid and unpaid leave.

Your scenario:

You are a full-time staff member and you were out on FMLA leave from the 2nd of the month through the 6th of the month; you returned to work on the 9th. You had three full days of paid leave available at the time (16 hours sick leave and eight hours vacation leave). Because your absence was not a result of an on-the-job injury, you must begin using your 24 hours of available leave beginning on the first day of your absence. As per the calendar illustration above, your leave balance should reflect the following:

Your paid leave (sick and vacation) will end on the 4th
You will be on leave without pay for two days, beginning on the 5th
You used one week of FMLA leave