COVID-19 & Your Business: Frequent Questions

In what other ways do the FMLA and EFMLEA leave provisions intersect? (29 CFR 826.70)

If an employee has taken FMLA leave to care for a covered service member with a serious injury or illness, the remaining FMLA leave entitlement that may be used for expanded family and medical leave is calculated in accordance with 29 CFR 825.127(e).

An eligible employee can take a maximum of twelve workweeks of EFMLEA leave during the time period this emergency leave is in effect (April 1, 2020 to December 31, 2020). Therefore, even if an employee’s twelve-month period begins on July 1, the employee’s entitlement to EFMLEA leave will not restart on that date. If this employee takes seven weeks of expanded leave in May and June, she may only take up to five additional weeks of expanded leave between July 1 and December 31, 2020.

Last updated April 9

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