Opinion Letter Issued Regarding FMLA and State PFML Programs

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In Opinion Letter FMLA 2025-01-A, the U.S. Department of Labor clarified that state and local paid family and medical leave (PFML) is treated like paid disability and workers' compensation under FMLA rules. PFML must be designated as FMLA leave, but accrued paid leave cannot be automatically combined with PFML.

Substitution of Paid Leave Under the FMLA

The FMLA offers 12 weeks of unpaid, job-protected leave annually for family and medical reasons. Employees can use accrued paid leave, like vacation or sick days, during this time. Under DOL regulations, FMLA leave must be designated for FMLA-qualifying reasons, even if taken under workers' compensation or paid disability plans. However, neither party can require using accrued paid leave during this time. They may agree to supplement benefits with accrued leave if state law allows.

Neither the FMLA statute nor regulations address state or local PFML programs, which are a growing trend. Several states and some local governments are also adopting them.

Opinion Letter FMLA 2025-01-A

The opinion letter clarifies that while FMLA rules don't cover state or local PFML, employers must treat PFML as FMLA leave if it qualifies. Additionally, employers and employees can agree to use accrued paid leave to supplement PFML payments, as allowed by state law.

The FMLA’s substitution provision doesn't apply, so neither employers nor employees can require accrued paid leave to run with PFML. All FMLA protections, including anti-retaliation, remain during concurrent PFML and FMLA leave. The substitution provision applies only after state or local paid leave is used up. Download the bulletin for more details.