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If, however, the contract stipulates your employee will earn two weeks of paid vacation on an annual basis, then she will earn two weeks of paid vacation while away on a one year maternity/parental leave, regardless of the hours worked that year. Then you will owe both vacation time and pay in that instance.
Ironically, one of the changes may have the unintended effect of saving employees from having to burn their vacations. Section 2612 of the FMLA allows employers to substitute âany of the accrued paid vacation leave, personal leave, or family leave of the employeeâ for any part of the 12-week FMLA period.