The DOL’s Wage and Hour Division (WHD) issued its opinion letter on January 14, 2025, providing guidance on how to coordinate employer-provided paid time off (PTO) with state mandated paid family leave and federal Family and Medical Leave Act (FMLA).
As a reminder the federal Family and Medical Leave Law (FMLA) applies to employers employing 50 or more employees. It provides up to 12 weeks of leave. The leave is unpaid. The leave offered by several states, vary in scope and duration, but generally provide partial pay for certain types of leave. According to the guidance, if FMLA and state paid family leave (PFL) apply to the same event, the employer cannot unilaterally require employees to use available PTO for times that the state law is providing pay. The employee may choose, if the state law permits, to use available PTO to supplement, top off, the state PFL payment. If the state PFL entitlement ends, but the individual remains entitled to federal FMLA, the FMLA rules would apply, meaning that the employer could require, or the employee could choose to use available PTO for the duration of the leave.
Employers employing individuals in states that offer PFL Should review their leave policies to ensure proper coordination among state PFL, federal FMLA and employer-provided PTO.
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