Can’t Force Paid Leave Use for FMLA Absence Covered by Disability Pay
A company who required an employee to use her sick and vacation leave days when she was receiving disability benefits during her Family and Medical Leave Act leave violated the FMLA regulation (Sec. 825.207(d)(1)) which limits such substitution, says the Seventh Circuit. The Court says it does not decide on the regulation’s validity, since the company did not assert the argument before the lower court, and thus waived its right to challenge the rule. Repa v. Roadway Express, Inc.