Modern Tools

Do you have to run FMLA with other leave?

Do you have to run FMLA with other leave?

DOL Requires FMLA Leave to Run Concurrently with Other Forms of Paid Leave. The U.S. Department of Labor (DOL) has issued an opinion letter that states that employers must run leave under the Family Medical Leave Act (FMLA) concurrently with other forms of paid leave.

When does the clock run on FMLA leave?

Many collective bargaining agreements that require paid leave be exhausted first, before the clock begins to run on FMLA leave, should be re-evaluated when negotiations open. In addition, employers should consider how they are coordinating FMLA leave with other types of leaves.

Can a company designate FMLA-qualifying leave concurrently?

The W&H Division’s new Opinion Letter clarifies that employers are permitted to designate FMLA-qualifying leave—running it concurrently with non-FMLA leaves—even if the employee prefers not to use FMLA leave concurrently.

What makes an employee eligible for FMLA leave?

Employees are eligible to take FMLA leave if they work for a covered employer and: 1 have worked for their employer for at least 12 months; 2 have at least 1,250 hours of service over the 12 month period before their leave begins; and. 3 work at a location where at least 50 employees are employed by the employer within 75 miles.

DOL Requires FMLA Leave to Run Concurrently with Other Forms of Paid Leave. The U.S. Department of Labor (DOL) has issued an opinion letter that states that employers must run leave under the Family Medical Leave Act (FMLA) concurrently with other forms of paid leave.

Many collective bargaining agreements that require paid leave be exhausted first, before the clock begins to run on FMLA leave, should be re-evaluated when negotiations open. In addition, employers should consider how they are coordinating FMLA leave with other types of leaves.

Can a company Count FMLA leave as no fault?

An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave.

Who is eligible for FMLA leave of absence?

Only eligible employees are entitled to take FMLA leave. An eligible employee is one who: Works for a covered employer; Has worked for the employer for at least 12 months;