Paid Breaks Under FMLA?

The Department of Labor issued an interesting Opinion Letter this morning that clarifies when you have to pay for a break and when you don't based on FLSA and FMLA regulations. 

The letter states that you do not have to pay for frequent 15-minute breaks due to an employee's serious health condition when it is covered by FMLA . . . unless you would normally pay an employee for a 15-minute break.

For example, if all employees are allowed two paid 15-minute breaks, then you would need to pay the employee with FMLA for at least two of their breaks as well. 

Read the entire DOL Opinion Letter here.

We hope you enjoyed reading our article on Paid Breaks Under FMLA?

Leave Solutions is based in Milwaukee, WI and helps employers with their FMLA and leave of absence processes from a Human Resources perspective. Contact us today at if you have questions on paid breaks or other topics.


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