Section 21 Substitution

• Library: Employment Discrimination 2008

FMLA leave is unpaid, but certain kinds of paid leave may be substituted for unpaid leave. 29 U.S.C. § 2612(d)(2); 29 C.F.R. §§ 825.207(a) and 825.208(a). The employer must notify the employee when it designates leave as FMLA-qualifying. If paid leave is substituted for unpaid leave and the employer’s procedural requirements are less stringent than those of the FMLA, the employer’s requirements are applied. 29 C.F.R. § 825.207(h). If the employer does not substitute paid leave for unpaid leave, the...