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DOL opinion letter on FMLA timing muddies the waters

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in Centerpiece,Employment Law,FMLA Guidelines

Employers must run FMLA leave concurrently with any paid leave an employee takes for an FMLA-qualifying condition, according to a new opinion letter from the U.S. Department of Labor.

THE LAW The FMLA provides eligible employees with up to 12 weeks per year of unpaid leave to care for their own serious health condition or that of a family member. Employees may also take time off for the birth or adoption of a child, as well as time to bond with that child afterwards.

Only leave taken for FMLA-qualifying reasons may be designated as FMLA leave.

Employers are free to develop policies that determine whether paid leave may be substituted for unpaid leave. They must administer those policies in a non-discriminatory fashion.

WHAT’S NEW An employer requested an opinion from the U.S. Department of Labor on a practice it had observed other employers doing—the legal equivalent of “asking for a friend.”

Those employers ...(register to read more)

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