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Department Of Labor Opines That FMLA Leave Cannot Be Delayed Even Under Collective Bargaining Agreement

The U.S. Department of Labor (“DOL”) issued the opinion letter of WHD Opinion Letter FMLA2019-3-A (Sept. 13, 2019), opining that Family and Medical Leave Act (“FMLA”) leave cannot be delayed even if a collective bargaining agreement (“CBA”) provides otherwise.

In this opinion letter, the DOL opined that employees must take qualifying paid leave concurrently with FMLA leave even where a CBA permits employees to choose paid leave in place of FMLA leave. According to the DOL, employers are not permitted to delay FMLA leave upon learning of a qualifying reason – regardless if the employee desires to – and may not use a CBA provision to supersede FMLA requirements.

Please see our other blog regarding the DOL’s earlier opinion on delaying FMLA leave here.

To read this opinion letter, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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