Regarding reimbursement for dependent care expenses while on FMLA leave, IRS rules require the employee to be gainfully employed or seeking work for dependent care expenses to be eligible for reimbursement. Although there is a safe harbor provision for short-term, temporary absences that do not exceed two weeks, such as a vacation or short-term illnesses, there is no such exception for longer absences, such as those typically covered under the FMLA. Therefore, employees on FMLA leave cannot receive reimbursement for dependent care expenses incurred during a FMLA absence longer than two weeks.
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