Notification of FMLA running concurrently with Paid Leave

I am curious of your practice. Do you send notification to an Associate that their FMLA time is running concurrently with their paid leave? How critical is prior notification vs. notification of when they get close to exhaustion of coverage?

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  • From reading the regs, I believe you have to tell them both within two days of knowing that they might qualify for leave.

    Here is the applicable section:

    (i) that the leave will be counted against the employee's annual
    FMLA leave entitlement (see Sec. 825.208);

    (iii) the employee's right to substitute paid leave and whether the
    employer will require the substitution of paid leave, and the conditions
    related to any substitution;

    (c) Except as provided in this subparagraph, the written notice
    required by paragraph (b) (and by subparagraph (a)(2) where applicable)
    must be provided to the employee within one or two business days if
    feasible. If leave has already begun, the notice should be mailed to the
    employee's address of record.

    I cut out a bit because it's long winded...

    NrdGrrl

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