§398-4 Unpaid leave permitted; relationship to paid leave. (a) Pursuant to section 398-3, an employee shall be entitled to four weeks of family leave. The family leave shall consist of unpaid leave, paid leave, or a combination of paid and unpaid leave. If an employer provides paid family leave for fewer than four weeks, the additional period of leave added to attain the four-week total may be unpaid.

(b) An employee or employer may elect to substitute any of the employee's accrued paid leaves such as sick, vacation, personal, or family leave for any part of the four-week period in subsection (a); provided that an employer or employee may not substitute an employee's accrued sick leave in any situation under this chapter unless:

(1) Sick leave is normally granted for such purposes by an employer's policy or practice; or

(2) Upon mutual agreement by the employer and the employee. [L 1991, c 328, pt of §1; am L 1995, c 154, §5]