HR Tips

Administering FMLA leave when an absence triggers both FMLA and state-paid leave

In an opinion letter the DOL clarified two principles when an employee is taking leave covered by both the federal FMLA and state paid family and medical leave.

• If an employee takes leave under a state plan and the absence also triggers FMLA protection, the employer must designate it as FMLA leave and send all applicable federal and state notices.
• While FMLA leave is generally unpaid, employees may elect, or employers may require them to substitute accrued paid vacation or sick leave for any part of the unpaid FMLA leave period. However, if an employee receives any compensation from a state/local family or medical leave program, the employer cannot mandate the employee to exhaust any employer-provided leave while they are compensated by state or local programs. However, the employer and employee can mutually agree to "top-off" their benefits up to 100% pay by exhausting their employer-provided paid leave. If an employee's state/local leave becomes unpaid, the FMLA substitution provision applies, and the employer may require the employee to use accrued PTO for the unpaid portion of the leave.

Employee engagement sinks to 10-year low

According to Gallup's most recent annual update of U.S. employee engagement, employee engagement fell to its lowest level in a decade in 2024, with only 31 percent of employees engaged. The trend is most pronounced for workers younger than 35. Engagement fell in the finance and insurance, transportation, technology, and professional services sectors.

Of the 12 engagement measures used by Gallup, three showed the greatest decline:

• Clarity of expectations. Just 46 percent of employees fully understand what is expected of them at work, down 10 points from a high of 56 percent in March 2020.
• Feeling someone at work cares about them as a person. 39 percent of employees feel strongly that someone cares about them, a drop from 47 percent in March 2020.
• Someone encouraging their development. Only 30 percent strongly agree that someone at work encourages their development, down from 36 percent in March 2020.

The report attributes the decline to rapid organizational change, challenges from hybrid and remote work transitions, new customer and employee expectations, and broken performance management practices. It notes the importance of managers in building strong bonds through clear priorities, ongoing feedback, and accountability.