On January 14, 2025, the U.S. Department of Labor issued Opinion Letter FMLA2025-01-A, shedding light on the intersection between the federal Family and Medical Leave Act (FMLA), state-funded paid family and medical leave (PFML) benefits, and employer-provided paid time off. The document states that when an employee is on FMLA leave and receiving PFML benefits, the employer cannot require the employee to simultaneously use employer-paid leave.

PFML benefits offer state-funded partial wage replacement to eligible employees on leave. While FMLA leave is unpaid, employers can choose to provide paid leave during this period. This simultaneous usage often reduces the overall time an employee is anticipated to be away from work. However, employers cannot enforce this during FMLA leave if a worker is receiving worker’s compensation benefits or disability plan benefits. In such cases, simultaneous use of employer-paid leave is only acceptable with employer and employee consent.

The Department of Labor’s opinion letter extends this rule to instances where an employee receives PFML benefits during FMLA leave. Here, employers cannot unilaterally enforce simultaneous use of employer-provided leave. While the opinion letter does not constitute binding law, it is often respected by courts. Employers must therefore review their policies.

Even so, employers must remain updated with the relevant state laws, as FMLA-analogous state leave laws may still apply even if the federal provisions change. For instance, this rule is still true in California and New York.

For those residing in California and New York and seeking more information about their PFML benefits or having queries about policies, the best way to get a hold of Paid Family Leave is by directly getting in touch with the relevant state departments. For instance, Californians can refer to eddcaller.com for easy navigation and prompt communication with the Employment Development Department. Whether it’s to check on payment statuses, resolve issues, or address queries, this resource proves highly helpful in facilitating the communication process.