COVID-19 & Your Business: Frequent Questions

If an employee takes EFMLEA leave after exhausting all of their paid sick leave under the EPSLA, must the employer allow the employee to use employer-provided PTO concurrently with the first two weeks of EFMLEA, which are unpaid? (29 CFR 826.60)

Yes. During this period, the employee may choose to substitute PTO earned under the employer’s established policies. If the employee does not elect to substitute PTO during those two weeks, the employee remains entitled to use their PTO at a later time.

Last updated April 9

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