(from Society of Human Resource Management) Once an employer knows that a leave of absence qualifies under the Family and Medical Leave Act, it must designate it as such, even if the employee wants to exhaust paid-time-off benefits first. The U.S. Department of Labor took this position in a recent opinion letter, despite its conflict with a 2014 federal appellate court ruling. According to the letter, the clock for the 12 weeks of FMLA leave begins immediately, not after the employee uses any vacation or sick leave days.
Some employers have policies that either require or allow employees to use accrued paid time off to replace wages while taking unpaid FMLA leave. The DOL clarified that the paid leave must run concurrently with the FMLA leave. The DOL further noted that an employer may provide more-generous leave by extending job-protected time off beyond the 12 weeks a year that are covered under the FMLA. Any extension, however, should not be characterized as FMLA leave.
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