On January 14, 2025, the DOL issued an opinion letter clarifying the “substitution” provision under the FMLA when it intersects with a state paid family and medical leave (PFML) program or local paid leave (e.g., paid sick leave) law. The term “substitute” means that either the employer or employee, on their own, can decide to have employer-provided paid leave (e.g., PTO, sick leave, vacation) run concurrently with the unpaid FMLA leave.
As background, FMLA leave provides eligible employees wit