If an employee runs out of paid time off, what should we do?

Question: If an employee runs out of paid time off, do we have to allow them to take unpaid time off?

Answer: It depends on why your employee needs the unpaid time off and what you’ve done in the past.

In some situations, such as those that would be covered by the Family and Medical Leave Act, Americans with Disabilities Act, Pregnant Workers Fairness Act, or a similar state law, the employee may be legally entitled to unpaid leave. In those cases, you would need to approve the unpaid leave at least to the extent required by the applicable laws.

This Q&A does not constitute legal advice and does not address state or local law.

Answer from Wendy, PHR

This email is intended for informational purposes only and does not constitute legal, accounting, or tax advice, nor does it create an attorney-client relationship. The information provided here was based on certain federal and/or state statutes and does not encompass all applicable requirements or other regulations that may exist, such as local ordinances or case law.