March 15, 2019 / 12:00 AM / 5 months ago

DOL says companies cannot delay placing workers on FMLA leave

The U.S. Department of Labor on Thursday said employers cannot allow workers to delay taking the up to 12 weeks of leave guaranteed by the federal Family and Medical Leave Act once they have established that they have a qualifying condition by permitting them to exhaust other types of leave first.

The department’s Wage and Hour Division in an opinion letter said that employers can require the leave they provide to workers as part of their benefits and that granted by the Family and Medical Leave Act to run concurrently, because the law bars workers from waiving its protections once they communicate the need to take time off.

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