The Department of Labor recently issued an opinion letter considering the following two questions: 1) can an employee elect to take paid leave for an FMLA-covered absence before FMLA leave is used?; and 2) is an employer permitted to provide FMLA-designated leave in excess of the 12 weeks of unpaid, job protected leave provided by the FMLA?

Two recent decisions of the Court both have an impact on how an employer manages its business and engages with its employees.