FMLA and Pension

catlady

The FMLA regs that I looked up on-line at the DOL web site contradict themselves regarding pension. One sentence says "with respect to pension and other retirement plans, any period of unpaid FMLA leave shall not be treated as or counted toward a break in service for purposes of vesting and eligibility to participate" Then, at the end of the paragraph is this "However, unpaid FMLA leave periods need not be trated as credited service for purposes of benefit accrual, vesting and eligibility to participate" Which is correct? I need to know whether to count unpaid FMLA time as a break in service. Thank you.