No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period.mployees who are unable to return to work and have exhausted their 12 weeks of FMLA leave in the designated 12 month period no longer have FMLA protections of leave or job restoration.