The U.S. Department of Labor (DOL) supports many states’ prohibitions on employers mandating employees to use PTO, vacation or sick time while receiving Paid Family Leave assistance during FMLA leave. Employers who must adhere to the Federal Family Leave Act (“FMLA ) are required to provide eligible employees unpaid FMLA leave with protection. Employers often necessitate employees to use their accrued time off during FMLA leave. However, when employees receive state-funded income benefits (Paid Family Leave PFL ) during FMLA or state law leave, many states have laws preventing employers from forcing employees to use their time off while receiving PFL benefits.

In January 2025, the DOL issued an Opinion Letter (FMLA 2025-1-A), indicating that employers may not require employees to use their accumulated time off while they are receiving paid family or medical leave benefits under state law. Although the DOL’s Opinion Letter does not possess the full force of law, courts typically support the agency’s interpretive opinions of the laws it enforces, including the FMLA.

Several states have laws prohibiting or partially limiting the employer from forcing employees to use their accrued time off. These include California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Washington, and the District of Columbia. Despite these changes, employers retain options to manage various leave and benefit rights.

How to get a hold of Paid Family Leave is a concern for many. A resource such as eddcaller.com proves invaluable in these circumstances. This service assists individuals in navigating the often confusing process of contacting appropriate authorities related to PFL benefits.