Legal Question in Medical Leave in Pennsylvania

Coordination of FMLA benefits

Whether an employee is entitled to FMLA leave in addition to other leave provided by an employer depends upon the practices and policies of the employer. In the case of a collective bargaining agreement, the terms of the CBA should state how and whether the FMLA benefits are to be coordinated with other leave provided by the employer. The FMLA allows an employer to require that an employee utilize other leave, such as accrued vacation, personal and sick leave, and other paid or unpaid leave, during the leave provided under the FMLA. I am unaware of a provision of the FMLA that requires the employer to provide both. The provisions allowing the employer to require the employee to apply other leave during the FMLA period was designed to respond to employer concerns that the employer would be required to hold open the employee's job longer than otherwise required under the FMLA. The employer and employee are free, of course, to agree to leave longer than that provided under the FMLA.