U.S. Department of Labor Advises That Employers Cannot Require Use of Paid Time Off When Employees are on Leave Under the Family and Medical Leave Act and Receiving Paid Statutory Benefits (Employee Benefit Plan Review)

Counsel Fanny Ferdman and Associate Matthew Berger penned an article for Employee Benefit Plan Review titled “U.S. Department of Labor Advises That Employers Cannot Require Use of Paid Time Off When Employees are on Leave Under the Family and Medical Leave Act and Receiving Paid Statutory Benefits.” Published in the May 2025 issue, the article explained the Family and Medical Leave Act (FMLA) substitution rule and how employers cannot require that their employees use accrued PTO while on FMLA leave and receiving compensation from a state or local paid family and medical leave program.

Read the article.