While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more
On February 9, the U.S. Department of Labor (DOL) issued an Opinion Letter that discusses the interaction between the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), in terms of how an...more
In recent discussions, a number of employers have advised us that they are providing the Department of Labor’s (DOL) Family and Medical Leave Act (FMLA) medical certification forms to employees who have disclosed...more
In Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, the U.S. District Court for the District of Maryland addressed whether an employee had offered any evidence of discrimination or retaliation beyond his own...more
In Knaup v. Molina Healthcare of Ohio, Inc., (No. 2:19-cv-166) the United States District Court for the Southern District of Ohio addressed whether an employee had received an extension of time for submitting medical...more
Many human resources managers will admit that they don’t consistently designate FMLA-eligible leave as being taken under the FMLA, thinking that this won’t be a problem because few FMLA-covered employees actually end up...more
In June 2020, the U.S. Department of Labor (DOL) revised the optional-use Family and Medical Leave Act (FMLA) forms available for employers to provide required notice to employees and for employees to provide certification of...more
New Optional-Use FMLA Forms - On July 16, 2020, following a period of public comment, the DOL published new optional-use FMLA forms. The forms were revised by the DOL to make them easier to understand and use....more
Q: My employee tells me the doctor will charge her $50 to complete an FMLA certification. Do I have to pay that?...more
Q: How long does an employee have to return FMLA certification? A: The employee has 15 calendar days to return medical certification to qualify for FMLA unless with “diligent” and “good faith” efforts the employee cannot do...more
The Department of Labor (DOL) published a notice seeking comment on proposed revisions to its Wage and Hour Division’s optional-use forms that employers often use to implement the Family and Medical Leave Act (FMLA)....more
The U.S. Department of Labor (DOL) released new Family and Medical Leave Act (FMLA) notices and certification forms on September 4, 2018. ...more
On September 4, 2018, the U.S. Department of Labor Wage and Hour Division rolled out “updated” FMLA compliance forms and, despite containing no substantive changes, if your company uses the model FMLA forms, these new forms...more
Those sneaky little rascals! While the rest of us were enjoying our Labor Day holiday, those crazy kids over at the Department of Labor were still working away. Bless their little hearts! This time, they were busy posting new...more
What should a Human Resources Department do in the following circumstance? An employee requests family and medical leave to care for a child with a serious health condition and is provided DOL forms, including the medical...more
Did that FMLA certification arrive illegible? Is the information provided too vague? Are the responses to the questions internally inconsistent? Do you suspect that it wasn’t filled out by a healthcare provider at all?...more
On March 4, 2015, the California Fair Employment and Housing Council approved updates to the California Family Rights Act (CFRA) regulations. These updates, which took effect on July 1, 2015, clarify certain CFRA provisions...more
In Deborah Hansler v. Lehigh Valley Hospital Network, the United States Court of Appeals for the Third Circuit overturned a motion to dismiss granted to Lehigh Valley based on FMLA regulations and its interpretation regarding...more
Compliance with the Family Medical Leave Act (“FMLA”) is a daily challenge for employers, as more and more employees seem to take advantage of the right to full and intermittent leave. I often see clients jump to hasty...more
The U.S. Department of Labor recently issued updated health care provider certification forms for employers to provide employees who request leave pursuant to the Family and Medical Leave Act. The new forms include the...more
The U.S. Department of Labor (DOL) has issued five new Family Medical Leave Act (FMLA) certification forms. When the DOL issued its March 2013 revision to the FMLA regulations, its primary purpose was to address the...more
Action Item: The Department of Labor’s release of new model Family and Medical Leave Act notice and certification forms serves as an important reminder that all covered employers should periodically review their FMLA...more
Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process? Let me warn you — what you are about to read is not pretty and not for the faint of heart....more
A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance of not simply following rote notice procedures, but ensuring such communications...more
Given the financial and administrative costs that FMLA continues to impose upon employers, HR managers are consulting with counsel to determine what tools are available to ensure that those who truly need FMLA leave are able...more