7th Circuit Rules on FMLA Leave With Disability Benefits

Roadway Express violated the Family and Medical Leave Act when it required an employee to concurrently use her paid leave, ruled the 7th Circuit last month, adding that a Department of Labor regulation precluded Roadway from requiring the employee to substitute paid leave for unpaid FMLA leave because she was receiving disability benefits from a benefit plan. Jenner & Block’s Carla Rozycki and David Haase say employers need to take note of this ruling in administering their own FMLA policies.

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