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Can an employee taking leave for childbirth use PTO before FMLA?

CATEGORY: Authored Articles
CLIENT TYPE: Nonprofit, Private Education, Public Education, Public Employers, Public Safety
AUTHOR: Stephanie J. Lowe
PUBLICATION: HR Dive
DATE: Apr 11, 2022

Associate Stephanie Lowe was interviewed in HR Dive’s article “Can an employee taking leave for childbirth use PTO before FMLA?”

In the article, Stephanie states that “If the employee’s time off is for a qualifying reason such as childbirth, then…the employee cannot delay the start of their FMLA leave by first using vacation, because employers have a legal duty and are responsible in all circumstances for designating leave as FMLA-qualifying.”

You can read the article in its entirety by visiting this page.