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New DOL Opinion Letter – No Delaying Designating FMLA Leave, Even When A Collective Bargaining Agreement Provides Otherwise

On September 10, 2019, the Department of Labor issued an FMLA opinion letter stating that an employer may not delay designating paid leave as FMLA leave if the delay complies with a collective bargaining agreement (CBA) and...more

What’s New In 2019? A Look At The Ever-Changing Leave And Accommodation Law Landscape

2019 has brought a flurry of new leave and accommodation laws. In fact, in the first 8 months of 2019, more than 20 new laws in this area have passed. The states (and US territory) that passed new laws, expanded or...more

Bonuses, Pay Increases And FMLA Reinstatement

An employee returning from FMLA leave is generally entitled to reinstatement to the same position they held prior to the leave or to a virtually identical position. A common area of confusion is how handle pay increases or...more

‘Tis The Season: FMLA And Holidays

As we are in the heart of the holiday season, to avoid an unwanted gift from the Department of Labor, employers should ensure that they properly administer FMLA leaves taken during company holidays. Determining whether...more

What Do You Mean I Can’t Require That An Employee Use PTO During FMLA Leave?

Since the FMLA came into existence, employers have been advised, where possible, to run FMLA concurrently with other leaves. Doing so prevents leave stacking. When reviewing FMLA policies, a common oversight we see is how...more

The Devil Is In The Detail – FMLA Eligibility And Remote Workers

With the increasing trend of telecommuting employees, it is not uncommon for a company to have small numbers of employees working from remote locations in various states. It is important that employers understand how FMLA...more

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