Section 17 Pay and Benefits During Leave

• Library: Employer-Employee Law 2008

FMLA leave is generally unpaid, but certain kinds of paid leave—e.g., workers’ compensation wage-replacement benefits, short-term disability, accrued sick pay, etc.—may be substituted by either the employee or employer for unpaid leave and run concurrently with the FMLA leave. 29 U.S.C. § 2612(d); 29 C.F.R. §§ 825.207 and 825.208. The employer must notify the employee when it designates paid leave as FMLA-qualifying. 29 C.F.R. § 825.208(c). If paid leave is substituted for unpaid leave and the employer’s...