How FMLA and State Leave Work Together
- Consultant
- Aug 19
- 1 min read
PTO + FMLA + State Leave + More...What Employers Need to Know
(Without all of the Legal Jargon!)
Big news from the U.S. Department of Labor (DOL) that’ll impact your leave policies.
The Wage and Hour Division (WHD) just dropped an opinion letter clarifying how
PTO, FMLA, and state-paid leave programs can (and can’t) mix. Let’s break it
down — without the legal mumbo jumbo.
The Quick Take
🚫 You can’t force employees to use their PTO at the same time as FMLA leave if they’re
already getting paid through a state or local family leave program. And employees can’t
unilaterally decide to double-dip, either.
✅ But if an employee is receiving state-paid leave and has PTO available, the employer and
employee can agree (if state law allows) to use PTO to top up their pay. Think of it like
adding a little extra sauce to an already-paid leave sandwich.

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