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DOL Opinion Letter Clarifies Designation and Use of FMLA Leave
Ogletree Deakins Link to more items from this source
Mar. 18, 2019

"[DOL Opinion Letter FMLA2019-1-A] means FMLA qualifying leave must be designated as such and be deducted from the employee's FMLA allotment ... The opinion letter explicitly states the WHD's disagreement with the Escriba decision, which held that employees may decline FMLA leave to preserve it for future use and instead use vacation time before using FMLA leave. Additionally, the letter prohibits an employer from designating more than 12 weeks of leave (or 26 weeks of leave for military caregiver leave) in a year as FMLA leave."

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