FMLA Leave Headlines New DOL Opinion Letters

Law360 (March 14, 2019, 7:45 PM EDT) -- Employers can’t let workers take paid sick time before tapping into their allotment of federally protected unpaid leave, the U.S. Department of Labor said Thursday, splitting with the Ninth Circuit's take on the Family and Medical Leave Act in one of three new opinion letters. 

Acting DOL Wage and Hour Administrator Keith Sonderling said employers must start the clock on workers’ 12 weeks of FMLA leave when they learn an absence qualifies for federal protection, contradicting a 2014 Ninth Circuit ruling that said workers could take vacation days before tapping into their FMLA time.

Workers also aren’t owed pay for community service they perform...

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