It depends on the state. Under the Massachusetts paid family and medical leave (MA PFML) program for example, if an employee takes leave under an employer’s leave policy, that leave will count towards and run concurrently with MA PFML — even if the employee does not file an application for benefits. An employee could choose not to take PTO for a qualifying MA PFML leave reason without reducing their available MA PFML leave. However, an employee can use their PTO during a waiting period.

Under Washington PFML, however, employers cannot require employees take paid time off before, in place of, or concurrently with PFML benefits. This means that an employee could choose to take their WA PFML benefits and their PTO benefits separately, stacking the time available. Each state has its own rules about this and should be consulted independently.