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Can VESSA leave and FMLA run concurrently?

Yes, VESSA and FMLA may run concurrently. If the leave is due to a serious health condition of the employee or the employee’s spouse, Civil Union partner, parent, or child, the employee must also submit FMLA certification. VESSA leave is not leave time in addition to FMLA leave when the reason for VESSA leave also qualifies under FMLA.

However, if the VESSA leave is taken for reasons other than an FMLA-qualifying event, then the twelve-week VESSA leave entitlement is in addition to the twelve-week FMLA entitlement.