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Roadway Express, Inc. (“Roadway”) violated the Family and Medical Leave Act (“FMLA”), 29 U.S.C. �2601, et. seq., when it required an employee on FMLA leave to concurrently use her paid sick and vacation leave, ruled the 7th U.S. Circuit Court of Appeals on Feb. 26. Repa v. Roadway Express, Inc, —F. 2nd—, 7th Cir., No. 06-2360, 2/26/07. The 7th Circuit concluded that a Department of Labor (“DOL”) regulation (29 C.F.R. �825.207(d)[1]), which was the subject of conflicting interpretations by the parties, precluded Roadway from requiring the employee to substitute paid leave for unpaid FMLA leave because the employee was receiving disability benefits from a health and welfare benefit plan to which Roadway was required to contribute pursuant to a multiemployer bargaining unit collective bargaining agreement.

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