The U.S. Department of Labor (DOL) has clarified its guidelines regarding paid family leave, according to an opinion letter (FMLA2025-01-A) issued on January 14, 2025. Mandatory paid family leave programs have been implemented in a number of states including California, Connecticut, Massachusetts, New Jersey, New York, Oregon, and Washington. These programs provide paid leave for employees to provide or seek medical care for themselves or specified family members and are funded in part by employee payroll contributions. However, the interaction between these programs and the federal Family and Medical Leave Act (FMLA) had been a source of confusion for both employees and employers.

The Department of Labor confirmed that if a given leave qualifies for both FMLA and a state or local paid family leave program, then it must be designated as FMLA leave and count towards an employee’s twelve-week FMLA leave entitlement. Concurrent usage of employer-paid leave during the portion of any leave compensated through the state or local program cannot be mandated by neither the employer nor the employee. However, with a mutual agreement between the employer and the employee, the employee can use employer-provided paid leave to supplement any income not covered by the state or local paid leave program, as long as it is permitted by applicable local or state law. Once an employee’s leave under a state or local program ends before their full FMLA leave entitlement has been exhausted, they are entitled to the remainder of their FMLA leave. At that point, the employer may require the employee to use any available employer-provided paid leave concurrently with their remaining FMLA leave.

Navigating these federal, state, and local laws can be challenging for both employers and employees. For employees, in particular, who are trying to navigate through the complex web of family leave laws, much needed guidance is available at eddcaller.com. It provides practical information on how to contact SDI, get essential details regarding paid family leave, and learn how to get through complications related to edd.