DOL OPINION LETTER: FMLA2025-1-A
The Wage and Hour Division published an opinion letter addressing Family Medical Leave Act (FMLA) regulations. The opinion letter addressed whether the FMLA regulations pertaining to substitution of paid leave apply when employees take leave under state or local paid family leave programs. FACTS FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons (29 USC § 2612(a) . FMLA provides for unpaid leave, the statute also allows employees to elect, or an employer require the employee, to "substitute" accrued employer-provided paid leave (like vacation, PTO, paid sick leave, etc.) for any part of the unpaid FMLA period (29 USC §2612(d)(2) ; 29 CFR § 825.207(a) . Either the employer or employee can decide to have employer-provided paid leave "run concurrently (at the same time) with the unpaid FMLA leave." Some State Governments have passed legislation that provides p...