The Essential Guide to Family & Medical Leave

130 | the essential guide to family and medical leave
Paid Leave From Another Source
When an employee takes any type of time off to care for a family member,
for parenting, or for the employee’s own health, you should always consider
whether the FMLA applies—and, if so, designate the leave accordingly.
Some types of leave slip through the cracks because the employee is covered
by another law or program. But any type of leave that falls within the
FMLA’s parameters should be designated as such and counted against the
employee’s 12-week entitlement, no matter how many other laws apply.
Here are some examples:
• Workers compensation. As explained in Chapter 11, an employee who
suffers a work-related illness or injury may be entitled to partial wage
replacement while off work to recuperate. This time will almost always
also qualify as FMLA leave.
• Temporary disability. The laws of a handful of states provide some income
to employees who are temporarily unable to work because of a disability.
This time may also qualify as FMLA leave.
• Paid family leave. In California, employees can receive some income for
time they take off to care for a family member, which might also qualify
as FMLA leave.
• Disability insurance. If your company provides disability insurance for
employees, they might have the right to replacement income while they
are out of work. This time off may also be covered by the FMLA.
If an employee is entitled to some compensation from another source,
paid leave typically may not be substituted for this time off. For example,
an employee may not use paid sick leave while he is also receiving workers’
compensation. There are some exceptions to this general rule, however:
California’s paid family leave program, for example, allows employers to
make up the difference between what the program pays (just over half of the
employee’s regular wages) and the employee’s usual pay by taking partial paid
leave under the employer’s policy.