News & Analysis as of

Unpaid Leave Department of Labor (DOL)

McGlinchey Stafford

What do recent DOL opinions on FMLA mean for intermittent leave and holidays?

McGlinchey Stafford on

The Family Medical Leave Act (FMLA) allows an employee to take up to 12 weeks of unpaid and job-protected leave for qualifying family and medical reasons. The FMLA also requires employers to maintain health benefits while an...more

Stevens & Lee

DOL Clarifies How Holidays Impact Partial Weeks Taken Under FMLA

Stevens & Lee on

On May 30, 2023, the Department of Labor (DOL) released an opinion letter clarifying how holidays impact FMLA. Whether the holiday time counts against FMLA depends on two factors: 1.Whether the employee took a partial week...more

BCLP

Eligibility vs. Entitlement

BCLP on

A common error in both FMLA policies and communications to employees seeking Family and Medical Leave Act (“FMLA”) leave involves misuse of the word “eligibility” (or “eligible”) when in fact the intention is to refer to...more

Fisher Phillips

September 2020: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Constangy, Brooks, Smith & Prophete, LLP

Second-Guessing The Advice Columns: Small-Employer Exemption To FFCRA

It's not as large as you'd think. One of my favorite workplace advice columnists, Karla Miller of The Washington Post, had a good one yesterday about an employee who was having to bring her 10-year-old daughter to work....more

Chambliss, Bahner & Stophel, P.C.

The Details Employers Need to Know About the Families First Coronavirus Response Act

The newly enacted Families First Coronavirus Response Act fundamentally amends the Family and Medical Leave Act and also enacts the Emergency Paid Sick Leave Act. The basic result of these two new laws is to provide employees...more

Neal, Gerber & Eisenberg LLP

Coronavirus Relief Act – Summary of the Emergency Family and Medical Leave Expansion Act (EFMLA)

Expiration: December 31, 2020 - Eligibility: Employee has been employed at least 30 calendar days. Covered Employers: Fewer than 500 employees....more

Parker Poe Adams & Bernstein LLP

Can You Suspend an Employee Without Pay for a Full Workweek Because of Performance Issues?

According to Part 541 of regulations issued by the U.S. Department of Labor under the Fair Labor Standards Act, exempt employees must be paid a guaranteed salary. Under §541.602, employers may only deduct from this salary for...more

Cozen O'Connor

Employment Law Now: IV-51 - A New 2020 Vision

Cozen O'Connor on

In this first new episode of 2020 (Season 4), we look at the 15 hot topics your company should have on your list to think about....more

Franczek P.C.

DOL Gives Working Parents FMLA Pass to Attend Children’s Special Education Meetings

Franczek P.C. on

In what is perhaps an agency first, the Wage and Hour Division of the U.S. Department of Labor (DOL) recently issued a letter in response to a request from a concerned parent.  The parent sought an opinion on whether the...more

Miller Canfield

DOL Opinion Letter: Employers Cannot Delay Designation of FMLA-Qualifying Leave

Miller Canfield on

Employers can't delay the designation of a Family and Medical Leave Act-qualifying paid leave or provide additional FMLA leave beyond the 12-week FMLA entitlement, according to a new opinion letter issued by the Department of...more

BCLP

DOL: Employers May Not Delay FMLA Designation, Even at Employee’s Request

BCLP on

It is not uncommon for employees to ask whether they can first use paid time off available under the employer’s leave policies and “save” their unpaid - and protected - Family and Medical Leave Act (FMLA) leave entitlement...more

Franczek P.C.

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

Franczek P.C. on

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

Franczek P.C.

New Illinois Law Provides Bereavement Leave

Franczek P.C. on

The Child Bereavement Leave Act (“the Act”) became effective July 29, 2016, and it provides up to two weeks (10 working days) of unpaid leave to employees in the event of the death of an employee’s child. The Act applies...more

Pullman & Comley - School Law

State Department of Labor Issues Notice of Intent to Adopt New Paraprofessional FMLA Regulations

It may seem like a distant memory at this point, but as you may recall, in May of 2012, the General Assembly passed, and Governor Malloy signed, a new law (Public Act 12-43, now codified at Conn. Gen. Stat. § 31-51rr that...more

Fisher Phillips

Benefits Update, No. 4, November 2013: The World Post-Windsor: Rethinking Benefit And Leave Policies For Same-Sex Spouses

Fisher Phillips on

Following a highly-publicized U.S. Supreme Court decision and subsequent guidance from both the Labor Department (DOL) and the Internal Revenue Service (IRS), employers need to rethink how they treat same-sex spouses under...more

Baker Donelson

DOL Update on Qualifying Reasons for Leave Fact Sheet

Baker Donelson on

On Friday, August 9, 2013, the Department of Labor (DOL) updated its Fact Sheet on Qualifying Reasons for Leave under the Family and Medical Leave Act (FMLA)....more

Franczek P.C.

DOL Busts Employer For Requiring Annual Medical Certification Without Leave Request

Franczek P.C. on

The DOL is on a roll, and employers can't be amused....more

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