Legal Question in Medical Leave in Louisiana

FMLA Leave and Paid Leave

If the reason for leave qualifies the employee for leave under both the Family Medical Leave Act and some other paid or unpaid leave (such as a disability leave policy), then either the employer or the employee may designate that both FMLA leave be taken simultaneously with the other leave. This is provided at Section 825.208 of the regulations to the FMLA. Neither the Act nor the regulations authorize an employer to deny the employee paid leave to which the employee otherwise would be entitled. Assuming that the employee is entitled to leave under a paid disability benefit provided by the employer, then the employee could elect to take the paid disability leave at the same time he or she takes FMLA leave. It would be necessarym, however, to review the disability policy and qualification requirements, and to investigate the particular facts and circumstances pertaining to the employee, to determine the employee's rights to take the paid disability leave. Accordingly, you should consult an attorney in your area to discuss and determine your rights, as soon as possible.