29 C.F.R. §825.207 - Substitution of paid leave

Cite as29 C.F.R. §825.207
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121 cases
  • Bosse v. Baltimore County, Case No. PWG-09-050.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • March 10, 2010
    ...stated reasons for failing to pay him for FMLA leave, or to mark him Code `X' are not correct."6 Pl.'s Reply 2. According to Plaintiff, "29 CFR § 825.207 permits an employer to offer an employee to take and exhaust the employee's available paid leave prior to taking unpaid leave," id. (foot......
  • Towamencin Twp. v. Pa. Labor Relations Bd.
    • United States
    • Commonwealth Court of Pennsylvania
    • October 7, 2022
    ...FMLA and PLRA/Act 111. 17 1. FMLA The FMLA is a job protection statute. See Nev. Dep't of Hum. Res. v. Hibbs, 538 U.S. 721 (2003), and 29 C.F.R. § 825.207; see also Tredyffrin/Easttown Sch. Dist. v. Tredyffrin/Easttown Educ. Ass'n, 56 A.3d 17 (Pa. Cmwlth. 2012). Section 2612(a)(1) of the FM......
  • Hayduk v. City of Johnstown, Civil Action No. 3:2005-294.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • June 30, 2008
    ...or the employer may substitute paid leave "if the employee has earned or accrued it." 29 U.S.C. § 2612(c), (d); 29 C.F.R. §§ 825.100(a), 825.207. During the leave, the employer "must maintain [the employee's] coverage under any `group health plan'" under the same terms as if the employee ha......
  • James v. Group, Case No.: 14-CV-1756-AJB-JMA.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • December 2, 2015
    ...Jan. 26, 2010) ("Taking leave under the FMLA ... can run concurrently with paid accrued leave or paid disability leave." (citing 29 C.F.R. §§ 825.207(d)(1), 825.220(c) ; 29 U.S.C. § 2612(d)(2) )). Upon return from leave, an employee is entitled to reinstatement to the same or an equivalent ......
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10 firm's commentaries
  • Relief in Sight? DOL Issues Final FMLA Regulations
    • United States
    • JD Supra United States
    • November 25, 2008
    ...and (d). 14 The former regulations did not permit employers to restrict the use of paid vacation or personal leave in any manner. 15 29 C.F.R. § 825.207(f). 16 29 C.F.R. §§ 825.207(d), (e); see also DOL Preamble, at 191-94. 17 29 C.F.R. § 825.214. 18 29 C.F.R. § 825.220(d). Rod. M. Fliegel ......
  • Employment And Labor Insight - Parenting Leave For Minnesota Employers: A Guide To The FMLA And MPLA
    • United States
    • JD Supra United States
    • February 5, 2013
    ...accrued paid leave—such as sick or vacation leave—for unpaid FMLA leave, with the paid leave and FMLA leave running concurrently. 29 C.F.R. § 825.207. Upon return from leave, an employee must be restored to his or her original job or an equivalent job. However, an employee has no greater ri......
  • Don't Delay FMLA: DOL Makes Clear that Employers Must Designate Leave
    • United States
    • JD Supra United States
    • May 22, 2019
    ...or an employee may elect to substitute concurrently, available paid time off to cover any part of the FMLA entitlement period. 29 C.F.R. § 825.207. Further, the DOL reminded employers that it is always their responsibility to provide a written designation notice to employees within five bus......
  • 2008 Final Regulations for the FMLA: A Summary
    • United States
    • LexBlog United States
    • November 19, 2008
    ...Employees may not be required to work light duty jobs in lieu of taking leave, and those who do so voluntarily are not on FMLA leave. 29 CFR § 825.207(e). Waiver of Rights – The 1995 regulations indicated that “[e]mployees cannot waive, nor may employers induce employees to waive, their rig......
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1 books & journal articles
  • Family and medical leave act
    • United States
    • James Publishing Practical Law Books Texas Employment Law. Volume 1 Part V. Discrimination in employment
    • May 5, 2018
    ...for leave provided under any situation covered by the FMLA, or to have paid leave run concurrently with FMLA leave. 29 U.S.C. §2612(2); 29 C.F.R. §825.207. Thus, for example, an employee can be required to use up any vacation time, personal time, sick time, or any other designated leave tim......

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