Certified Leave Management Specialist (CLMS) Certification 2025 – 400 Free Practice Questions to Pass the Exam

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What does "substitution of paid leave" allow employees to do under FMLA?

Use sick leave to cover vacation days

Use paid leave to cover unpaid FMLA leave

Under the Family and Medical Leave Act (FMLA), "substitution of paid leave" allows employees to use their paid leave benefits to cover the unpaid portion of their FMLA leave. This means that if an employee is eligible for FMLA and needs to take time off for a qualifying reason, they can choose to use their accrued paid leave (like sick leave, vacation leave, or paid time off) during this period. This provision ensures that employees can maintain some level of pay while they are on leave, which can alleviate the financial burden of taking time off for medical or family-related reasons.

This approach does not include using sick leave in a way that affects vacation days, extending unpaid FMLA leave with vacation days, or automatically switching to unpaid leave—these situations do not represent the standard practice of substituting paid leave for unpaid FMLA leave.

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Utilize vacation days to extend FMLA leave

Switch FMLA leave to unpaid leave automatically

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