How Do I Use Sick Time & Family Leave Concurrently?
- 1). Be aware of the possibility that you may be unable to use sick time in conjunction with a family leave of absence. Under the current federal leave laws and regulations, there is no requirement for payment of sick time in conjunction with family leave. Availability of funds from sick pay will depend on the policies of your company and leave laws for the state in which you work.
- 2). Research the leave laws for your work state. Do so by visiting the official state government website online and searching by phrases like "Sick Leave" or "Paid Leave." Your state should have a section that talks about policies on sick time and employer requirements for making sick time available to employees on family leave. This will prepare you for discussion with a human resources (HR) representative at your company.
Some states may not require employers to pay sick time to employees on family leave. In this case, it is at the discretion of your employer to create its own policy.
In addition, check if there is a paid family leave program in your state that applies to your situation. For example, California and New Jersey have enacted state-funded paid family leave programs, but they may only apply to certain leave reasons. - 3). Contact an HR representative or leave administrator for your employer. Discuss taking family leave and the company policy on using sick time. If your employer states their policy is non-payment of sick time, make sure this aligns with your research on state regulations. If sick time is paid, move on to step 4. If your company policy does not include pay out of sick time and state law does not require it, you will need to make other plans in lieu of this compensation.
- 4). Verify with your employer when and how the sick time will be paid to you. For example, will it be paid with your regular paycheck or is it issued in a lump sum? Is it required that other time-off balances be paid first, i.e., vacation or other paid time off? Are you required to submit documentation in support of your family leave before receiving pay? Determine this so you can plan your finances accordingly.