Legal Question in Medical Leave in Illinois

Application of paid leave under CBA toward FMLA leave

The Family Medical Leave Act provides for an employer to apply paid leave toward FMLA leave, at the sole discretion of the employer. If the employer has entered into a collective bargaining agreement to treat them as separate and distinct leave, then this may limit the employer's ability to rely on the FMLA and its regulations to apply the paid leave toward FMLA leave. However, the regulations allow the employer to apply paid leave toward FMLA leave "[o]nce the employer has acquired knowledge that the leave is being taken for an FMLA required reason...", by notifying the employee, within two business days that the paid leave will be applied against the 12 weeks allowed under the FMLA.