News & Analysis as of

Family and Medical Leave Act (FMLA) Intermittent Leave

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Benesch

11th Circ. FMLA Ruling Deepens Divide Over Causation

Benesch on

In a win for employers located in Florida, Georgia and Alabama, the U.S. Court of Appeals for the Eleventh Circuit recently concluded that retaliation claims brought under the Family and Medical Leave Act are subject to a...more

Parker Poe Adams & Bernstein LLP

FMLA Requires Employers to Adjust Work Expectations

When we talk with employers about employees taking Family and Medical Leave Act leave, we sometimes get questions about the impact of the employee’s absence on the business. We in turn explain that the FMLA is an entitlement,...more

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

Haynsworth Sinkler Boyd, P.A.

DOL Issues Important Opinion Letter on FMLA

The Department of Labor (DOL) issued a public opinion letter on February 9, 2023, in response to an employer’s inquiry about an employee’s inability to work more than an eight-hour day due to a Family Medical Leave Act (FMLA)...more

Amundsen Davis LLC

Employers Beware: Calculating FMLA Intermittent Leave Can Result in More (or Less) than 480 Hours Per Year

Amundsen Davis LLC on

Most employers with 50+ employees are aware that under the federal FMLA, eligible employees may, for qualifying reasons, take up to 12 weeks of unpaid leave during a 12-month period. Employers are also aware that employees...more

Constangy, Brooks, Smith & Prophete, LLP

How to handle wage-hour issues with remote workers

The USDOL has issued a handy little guide. One of the biggest challenges employers with remote workers face is how to comply with wage and hour laws. Yesterday, the U.S. Department of Labor issued a Bulletin discussing the...more

Manatt, Phelps & Phillips, LLP

Sixth Circuit Reverses Dismissal of FMLA Action

Reversing summary judgment in favor of an employer in a Family and Medical Leave Act (FMLA) action, a panel of the U.S. Court of Appeals for the Sixth Circuit held that an employee was not required to provide details each...more

Parker Poe Adams & Bernstein LLP

Employee Approved for Intermittent FMLA Leave Only Needs to Provide General Notice of Need for Absences

Intermittent medical leave requests under the Family and Medical Leave Act (FMLA) present some of the most vexing legal and business challenges for employers. The unpredictability of these absences can create scheduling and...more

Fisher Phillips

Federal Appeals Court Throws Up a Flare for Intermittent FMLA Leave Compliance

Fisher Phillips on

A federal appeals court just ruled that an employee had provided sufficient notice for his need for intermittent FMLA leave and subsequent absences due to “flare ups” of recurrent depression – even though he had only provided...more

Mintz - Employment Viewpoints

Getting Back to Basics: Intermittent FMLA Leave

In concept, the FMLA is simple. In practice, however, administering FMLA leave, particularly on an intermittent basis can quickly become complicated, and many employers struggle trying to track and manage intermittent...more

Fox Rothschild LLP

Updated: Temporary FFCRA Regulations Clarify Leave, Small Business Exemption - January 2020

Fox Rothschild LLP on

On April 1, 2020, the U.S. Department of Labor (DOL) published temporary regulations under the Families First Coronavirus Response Act (FFCRA) that are intended to clarify the scope and application of leaves under the FFCRA...more

Jackson Lewis P.C.

Connecticut Paid FMLA: What Employers Need To Know Now

Jackson Lewis P.C. on

With a difficult 2020 nearing its end, if Connecticut Paid FMLA has recently reappeared on your radar, don’t fret! Simply review the below basics to prepare for this upcoming change. As a reminder, last summer (i.e., an...more

Downs Rachlin Martin PLLC

Updates to Paid Leave Requirements Under FFCRA

Downs Rachlin Martin labor and employment attorney Beth Rattigan goes over updates to paid leave requirements under the Families First Coronavirus Response Act. FFCRA revisions and clarifications include: who is eligible,...more

Bass, Berry & Sims PLC

DOL Issues Another Round of Guidance on FFCRA

Bass, Berry & Sims PLC on

On September 11, in response to a New York federal district court striking down some of the Department of Labor (DOL) regulations regarding the Families First Coronavirus Response Act (FFCRA), the DOL issued guidance...more

Sheppard Mullin Richter & Hampton LLP

DOL Revises FFCRA Regulations in Light of New York Federal Court Decision

As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting...more

Maynard Nexsen

DOL Revises Rules Governing FFCRA COVID-19 Related Leave

Maynard Nexsen on

On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations and updates regarding the implementation of the Families First Coronavirus Response Act (FFCRA). The new rule was issued in response to a...more

Jackson Lewis P.C.

Managing Intermittent FMLA Leave To Support Your Manufacturing Operations

Jackson Lewis P.C. on

Manufacturing employers depend on employees being in the right place at the right time. Yet, compliance with applicable leave laws requires possible disruption. Intermittent leave law may be the most challenging. What is...more

White and Williams LLP

Department of Labor Revises Families First Coronavirus Response Act Temporary Rule

White and Williams LLP on

The United States Department of Labor (DOL) has issued revisions and clarifications to the Families First Coronavirus Response Act (FFCRA) temporary rule, in response to a ruling by a federal district court that had found...more

Bricker Graydon LLP

The Department of Labor’s revised FFCRA regulations address the intersection of intermittent leave and a school district’s use of...

Bricker Graydon LLP on

The U.S. Department of Labor (DOL) issued revised Families First Coronavirus Response Act (FFCRA) regulations, effective on September 16, 2020.  ...more

Bond Schoeneck & King PLLC

The U.S. Department of Labor Issues Revised FFCRA Regulations in Response to District Court Decision

On September 11, 2020, the United States Department of Labor ("USDOL") issued revisions to the Temporary Rule it issued on April 1, 2020, implementing the employee leave provisions of the Families First Coronavirus Response...more

Steptoe & Johnson PLLC

Department of Labor (Somewhat) Revises Regs for Employee Leave Under FFCRA

Steptoe & Johnson PLLC on

On August 3, 2020, a federal judge in New York City surprised many by striking down a few provisions of regulations published by the United States Department of Labor (DOL) in the early days of the pandemic. After President...more

Constangy, Brooks, Smith & Prophete, LLP

Revised FFCRA Regulations Took Effect Wednesday

Health care employers especially, take note! In August, a federal judge in New York vacated portions of the regulations interpreting the Families First Coronavirus Response Act. It was not clear at first what the response of...more

Epstein Becker & Green

DOL Reaffirms, Revises, and/or Clarifies the FFCRA Rule Provisions Invalidated by Federal Court

Epstein Becker & Green on

The U.S. Department of Labor (“DOL”) has responded to last month’s court decision striking down several significant provisions of its temporary rule (“Rule”) interpreting the paid sick and expanded family and medical leave...more

Ruder Ware

DOL Finally Issues New FFCRA Rule—Effective September 16!

Ruder Ware on

Late last week, the Department of Labor issued a revised rule to address a New York federal judge’s order from this past August that struck down several provisions of the FFCRA....more

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