FLA and FMLA run concurrently, except for these specific circumstances where L&I will enforce:
a. When an employee takes pregnancy disability, she may be allowed additional leave under
the state FLA that goes beyond the limits of the federal FMLA. That is because the 12
weeks of FLA for newborn care begins AFTER the pregnancy disability leave ends. L&I
will enforce the leave beyond FMLA.
b. Registered domestic partners who qualify for FMLA/FLA cannot use their leave under
the federal law to care for their partners, but they can under the state FLA. L&I will
enforce these cases.
c. If a person uses FMLA for an exigent reason related to a military deployment, he or she will still
have all 12 weeks of FLA available for serious illnesses or newborn care. L&I will enforce any
FLA leave that extends beyond the limits of FMLA.
