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Text of WHD Opinion Letter FMLA2025-01-A: Whether FMLA Regs Pertaining to Substitution of Paid Leave Apply When Employees Take Leave Under State or Local Paid Family Leave Programs (PDF)
Wage and Hour Division [WHD], U.S. Department of Labor [DOL]
[Official Guidance] Jan. 15, 2025 "[T]he principles of 29 CFR Section 825.207(d) and (e) apply to leave under a state or local paid family or medical leave program that is also FMLA-qualifying. As such, the employer must designate the leave as FMLA leave, and where state law permits, the employer and employee may agree to use the employee's accrued paid leave from the employer to supplement the state or local payments. However, because leave under such programs is not unpaid, the FMLA's substitution provision does not apply, and thus, neither the employer nor the employee may unilaterally require that employer-provided accrued paid leave run concurrently with the paid state or local family or medical leave." MORE >> |
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