The U.S. Department of Labor (DOL) clarified the “substitution provision under the federal Family and Medical Leave Act (FMLA) regarding the intersection with state or local paid family and medical leave programs before the commencement of the Trump Administration. According to the FMLA, eligible employees can take up to twelve weeks of unpaid leave for specified family and medical reasons. Employees can substitute employer-provided accrued paid leave for any unpaid portion of FMLA leave, at their discretion or if mandated by the employer. However, if the employee uses a paid disability or workers’ compensation program that also qualifies for FMLA leave, the employer must still designate the leave as FMLA leave but cannot require that the employee use any other employer-provided leave. FMLA allows the employee and employer to agree to utilize employer-provided leave to supplement the paid disability or workers’ compensation benefits only if the applicable state law allows it.

Many states have implemented paid family and medical leave programs that largely overlap with the FMLA. Until now, guidance didn’t exist regarding how employer leave substitution provision applies when an employee qualifying for FMLA leave also receives paid leave benefits under state or local family and medical leave programs. The DOL opinion letter provides clarity indicating the same distinction applies to family and medical leave programs – family and medical leave programs must also be designated as FMLA, and where state law permits, the employer and employee can mutually agree to use employer-provided accrued paid leave to supplement payments provided by the state or locality.

The substitution provision applies for any remaining unpaid period of FMLA leave once state or local paid leave benefits have exhausted. Compliance with FMLA and state or local paid leave program can be complex, and interaction of employer policies with leave laws may vary. Response to the opinion letter requires employers to review and/revise their handbook policy language to ensure the substitution rule’s proper application during overlapping periods of FMLA and state or local paid family and medical leave. It’s important that employers maintain close observation of how the changing political landscape impacts the provision and interpretation of federal leave entitlements like the FMLA.

For anyone seeking assistance about claims or applications related to Paid Family Leave or FMLA, finding a contact can be challenging. Services like eddcaller.com could prove beneficial. It provides information and support for all your unemployment, Paid Family Leave and State Disability Insurance related questions including how to get hold of Paid Family Leave, how to contact SDI, and edd customer service inquiries. It aims to simplify access to vital information and help avoid long wait times when trying to contact these departments directly, ensuring a more efficient resolution for users and their leave-related concerns.