Last month, the Equal Employment Opportunity Commission issued guidance titled “Frequently Asked Questions from the Federal Sector about Telework Accommodations for Disabilities.” While it is targeted toward federal agencies,...more
On February 11, 2026, Congresswoman Sarah McBride (DE-At-Large) and Congresswoman Anna Paulina Luna (FL-14) introduced bipartisan legislation, the Flexible Leave Act (H.R. 7505), proposing notable updates to the Family and...more
Recently the United States Department of Labor (“DOL”) issued a slew of Opinion Letters as 2026 gets underway. FMLA2026-2 is particularly topical as millions of Americans battle winter illnesses....more
The United States Department of Labor (DOL) has resolved a long-standing and frequently litigated issue under the Family and Medical Leave Act (FMLA): whether intermittent FMLA leave includes time spent traveling to and from...more
The United States Department of Labor (DOL) resolved a long-standing question about whether leave under the Family and Medical Leave Act (FMLA) applies to time spent by an employee traveling to and from approved medical...more
Recent amendments to the British Columbia Employment Standards Act (ESA) limit an employer’s ability to request medical notes for short-term employee absences. Effective as of November 12, 2025, employers in B.C. may no...more
The Eleventh Circuit’s decision in Mullin v. U.S. Department of Veteran Affairs clarifies that confidentiality protections around medical certifications are robust and enforceable, even absent viable accommodation or...more
As part of the Family and Medical Leave Act’s medical certification process, the employee’s health care provider includes an estimate of the time the employee will need to be absent from work. ...more
Nevada will soon impose new limits on fees health care providers can charge employees for completing paperwork required under the federal Family and Medical Leave Act (FMLA). Assembly Bill 305, which was recently approved by...more
As of June 19, 2025, the Ontario’s Employment Standards Act, 2000 (ESA) was amended to include a new protected leave: Long-Term Illness Leave. This new Long-Term Illness Leave creates essentially an indefinite leave of...more
A recent May 2025 opinion from the U.S. Court of Appeals for the Seventh Circuit warns employers that they may not be able to rely strictly on a health care provider’s certification under the Family and Medical Leave Act...more
The Family Medical Leave Act (the “FMLA”) entitles eligible employees of covered employers to take 12 (and in some cases related to military service, 26) weeks of unpaid, job-protected leave for specified family and medical...more
For many employers, the intermittent leave provisions of the Family and Medical Leave Act pose the most difficult issues for providing leave entitlement while accomplishing necessary work tasks. Many companies are familiar...more
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
We touch upon several topics in our September Insurance Update. We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the...more
In a decision providing guidance to employers facing requests for health-related accommodations, the Wisconsin Court of Appeals held in Wingra Redi-Mix Inc. v. Labor and Industry Review Commission that a formal diagnosis at...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
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
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
Telefonische Krankschreibung und Videosprechstunde - Durch Entscheidung des gemeinsamen Bundesausschusses gilt seit dem 4. August 2022 erneut, dass sich Arbeitnehmer:innen bis zu sieben Tage telefonisch krankschreiben...more
In addition to obtaining an initial medical certification when an employee first requests leave under the Family and Medical Leave Act (“FMLA”), employers are permitted to seek a “recertification” and even a “new”...more
On August 6, 2021, the New Jersey District Court in Calio v. Camden County Board of Chosen Freeholders, denied motions by both an employer and an employee to resolve a dispute over abuse of leave under the Federal Family and...more
In a prior article, we explained Senate Bill 95, which requires employers with more than 25 employees in California to provide COVID-19 Supplemental Paid Sick leave... SB 95 creates California Labor Code Sections 248.2 and...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
The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers. The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical...more