If an employee has already taken some traditional FMLA leave during the twelve-month period, is that employee entitled to an additional 12 weeks of expanded family and medical leave? (29 CFR 826.70)
No. If an eligible employee has already taken some traditional FMLA leave during the twelve-month period (e.g., for the birth or adoption of a child, or the employee’s own or a family members serious health condition), the employee may take only the remaining portion of that twelve workweek leave period as EFMLEA leave. Likewise, if an employee has already taken the full twelve workweeks of FMLA leave during the twelve-month period, the employee may not take any EFMLEA leave. However, the employee would be entitled to take up to 80 hours of Paid Sick Leave under EPSLA, regardless of whether the employee has exhausted his or her FMLA entitlement. (#44)
Last updated April 9
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