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DOL Advises: FMLA Leave Should Not Be Delayed, No Exception for Collective Bargaining Agreements
Epstein Becker Green Link to more items from this source
[Guidance Overview]
Oct. 1, 2019

"[Opinion Letter FMLA2019-3-A] ultimately concluded that ... the employer could not delay the designation of FMLA-qualifying leave even if the employer is obligated to provide job protection and other benefits equal to or greater than those required by the FMLA pursuant to a CBA or state civil service rules, and must treat the employee's seniority accrual and status the same on FMLA leave that runs concurrently with CBA-protected accrued paid leave as it would if the employee took only protected accrued paid leave provided for by the CBA."

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