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T
his week, the U.S. Department of Labor’s Wage and Hour Division issued an opinion about substituting paid leave under the Family and Medical Leave Act (FMLA) when employees take leave under state-paid family leave progra
m
s. I’ll break it down f
o
r you. Substitution of Paid Leave Gen
e
rally. The FMLA allows employees or employers to substitute accrued employer-provided paid leave (e.g., paid vacation, paid sick leave) for any part of the unpaid FMLA entitlement period. The term “substitute” means that the employer or employee can decide to have employer-provided paid leave run concurrently with the unp
a
id FMLA leave. State Paid Family
L
eave