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Medical Leave Family and Medical Leave Act (FMLA) Department of Labor (DOL)

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Dentons

Discipline Notes as a Lawsuit Defense

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One of the things that happen with the Family Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiff attorneys will sometimes assert in claims that they...more

Jaburg Wilk

Telemedicine Should Now be Considered an In-Person Visit for FMLA Purposes.

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In what seems like an ongoing spate of agency guidance, the United Stated Department of Labor’s Wage and Hour Division has joined the fray by issuing guidance today (Dec. 30, 2020) regarding utilizing telemedicine as a means...more

Dentons

HR Quick Take: FMLA or FFCRA?

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Q: I have an employee who plans to go out on leave for surgery but has been told by his physician he has to quarantine for five days prior to surgery because of COVID-19. Is this leave covered under the Emergency Paid Sick...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Fisher Phillips

How To Balance School Re-Openings And COVID-19 Workplace Leave: FAQs For Employers

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As the summer draws to a close, schools are announcing their re-opening plans, which vary widely across states and localities. Some schools plan to remain open several days a week and direct students to attend remotely the...more

Downs Rachlin Martin PLLC

US DOL Issues Guidance on FFCRA, FLSA, and FMLA as Businesses Reopen

On July 20, 2020, the U.S. Department of Labor published additional guidance on how the Families First Coronavirus Response Act (“FFCRA”), the Fair Labor Standards Act (“FLSA”), and the Family and Medical Leave Act (“FMLA”)...more

Foley & Lardner LLP

DOL Releases New FMLA Forms, Solicits Comments for Future FMLA Regulation Changes

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On July 16, 2020, the U.S. Department of Labor (DOL) issued new optional-use forms that employers can use to coordinate employee leave under the Family and Medical Leave Act (FMLA). As with the prior forms available from the...more

Bass, Berry & Sims PLC

DOL Issues Notice Poster and Answers to FFCRA Frequently Asked Questions Clarifying 500-Employee Threshold

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The Department of Labor has issued a Notice Poster outlining employees’ rights under the Families First Coronavirus Response Act’s (FFCRA). This poster must be displayed in a conspicuous place in a location visible to...more

Foley & Lardner LLP

No-Fault Attendance Policy Creates "Fault" for Employer Under FMLA

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“No-fault” attendance policies are common in many industries, especially those involving union settings. These policies do not require employees to justify an absence by presenting a doctor’s note or other equivalent...more

McAfee & Taft

Falsified FMLA forms torpedo retaliation claims

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The U.S. Department of Labor makes available a variety of Family and Medical Leave Act forms to employers. When used by companies, the DOL forms are extremely helpful with managing and administering employees’ FMLA absences....more

Payne & Fears

Time Off For Child's IEP May Trigger Leave Under FMLA

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On August 8, 2019, the Department of Labor issued an Opinion Letter explaining that employees may take leave under the Family and Medical Leave Act (“FMLA”) to attend a meeting discussing their child’s Individualized...more

Harris Beach PLLC

FMLA Leave Designation May Not be Declined or Delayed

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Employers sometimes allow their employees to first take paid time off, or other accrued time, before “beginning the clock” for FMLA leave – often times through a Collective Bargaining Agreement (“CBA”), policy or practice....more

Fisher Phillips

Labor Department Confirms That Certain School Meetings Are FMLA-Protected

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In an eye-opening opinion letter issued yesterday, the U.S. Department of Labor confirmed that parents attending certain school meetings for the benefit of their children are entitled to FMLA leave for their absences. The...more

Fisher Phillips

Scalia To Take Labor Department Reins: What Does It Mean For Employers?

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The news that President Trump selected Eugene Scalia to take over as Labor Secretary late last week caught some employers by surprise; after all, it was just a week ago that we were analyzing the track record of the...more

Holland & Hart - Employers' Lawyers

Avoiding Pitfalls When Trying to Offer Benefits That Exceed the FMLA’s Mandate

On March 14, 2019 the Department of Labor issued an opinion letter considering whether employers violate the Family Medical Leave Act (FMLA) by expanding the amount of leave given to an employee before designating the leave...more

Foley & Lardner LLP

To Pay or Not to Pay – That is the Question!

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A sales employee suffers from acute stress and anxiety, which ultimately force him to take a 12-week medical leave of absence under the FMLA.  Later that year, when the employer considers bonuses, the employee does not...more

Fisher Phillips

FMLA Regs May Soon Get Revamped To Ease Employer Burdens

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If the Department of Labor has anything to say about it, employers may soon get a bit of a reprieve when it comes to dealing with the administrative and compliance difficulties associated with the Family and Medical Leave...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Untangling Complex Leave Issues – Part II

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more

Ballard Spahr LLP

FMLA Can and Should Run Concurrently With Paid Leave

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The U.S. Department of Labor's Wage and Hour Division (W&H Division) recently issued a new Opinion Letter on an issue that has long-plagued employers under the Family and Medical Leave Act (FMLA)—namely, whether an employer...more

BakerHostetler

[Event] Navigating the "Big Three" Leave Laws: Best Practices for Resolving Leave Issues Under the ADA, FMLA and Workers'...

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Identifying and navigating disability and leave-related issues can be difficult. Managing issues that involve the ADA, FMLA, company policies and workers’ compensation programs can be time-consuming and confusing. How well...more

Laner Muchin, Ltd.

U.S. DOL Confirms That Employees Are Not Entitled To Refuse FMLA Leave

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As seasoned Human Resource professionals have likely experienced, employees who have anticipated medical needs sometimes ask to decline leave available under the Family and Medical Leave Act (FMLA), for the purpose of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to minimum salary thresholds for the DOL's new overtime rule, the EEOC's collection of compensation data for increased...more

Polsinelli

Generous Employers Beware: FMLA Leave Cannot Be Delayed

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Many employers offer paid leave, including sick leave or paid time off, as a benefit beyond the unpaid leave entitlements of the Family and Medical Leave Act (“FMLA”).  State or local laws may also require paid leave beyond...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Opinion Letter Clarifies Designation and Use of FMLA Leave

On March 14, 2019, Keith Sonderling, the acting administrator of the Wage and Hour Division (WHD) of the Department of Labor (DOL) issued an opinion letter clarifying the DOL’s position on designating and taking leave under...more

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