The DOL’s recent opinion letter clarifies the interaction between FMLA leave and state or local paid family leave programs. It emphasizes that while employers cannot require employees to use additional paid leave when on paid disability or workers’ compensation, they can agree to use employer-provided leave to supplement state benefits where state law permits. This clarification extends to state and local family and medical leave programs, offering much-needed guidance for employers on how to handle overlapping leave. Click here for article.
FMLA allows employees up to 12 weeks of unpaid leave, with the option to use accrued paid leave.
If an employee takes leave under a paid disability or workers’ compensation program, they cannot be required to use other paid leave, but may choose to supplement it if allowed by state law.
The DOL has extended this same rule to state and local paid family and medical leave programs.
Employers should review their leave policies and stay updated on changes to ensure compliance with both FMLA and state/local leave laws.
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