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FMLA and paid leave
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FMLA and paid leave
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I know that under the FMLA, an eligible employee may request that his/her qualifying absence be covered by any available paid leave. Does that also include FLSA comp. time?
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FMLA and paid leave

posted at 6/22/1999 7:37 PM EDT
Posts: 20
First: 6/9/1999
Last: 3/7/2002
I know that under the FMLA, an eligible employee may request that his/her qualifying absence be covered by any available paid leave. Does that also include FLSA comp. time?
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FMLA and paid leave

posted at 6/23/1999 5:31 PM EDT
Posts: 2217
First: 6/16/1999
Last: 12/13/2001
If you take a look at the Federal Regulations implementing the FMLA, and specifically 29 CFR 825.207(e) states that "personal leave" includes any leave earned or accrued under plans allowing for "paid time off" can be substituted at the employee's or the employer's option for FMLA leave and counted against FMLA leave (if the employee would otherwise be entitled to use the paid leave for these purposes). Thus, I think a good argument could be made that the employee gets to use compensatory time for FMLA leave. Of course, if you are not a governmental entity, then you do not really have a "compensatory time" policy, do you.
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FMLA and paid leave

posted at 6/23/1999 8:18 PM EDT
Posts: 20
First: 6/9/1999
Last: 3/7/2002
Matt, I've read the Fed. Regs. and agree with you totally. I work for a HR office in state government and assist agencies in developing their personnel policies. An agency with whom I working has presented me with their FMLA policy, which contains the following statement:

"Comp. time provided in compliance with the FLSA may not be used for family leave purposes."

I knew that the FMLA regs allowed for paid leave, but wasn't sure whether there was something in the FLSA--or some court decision--that might provide a rationale behind this agency's position. Just wanted to be sure before I recommended that they consider deleting the statement.

BTW: Sorry about the double post. I hope to get the hang of this new BB format soon.
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