Latest Posts › Family and Medical Leave Act (FMLA)

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FMLA Developments Regarding Telework and Retaliation Claims You Should Know About

As our readers might expect, new guidance from the Department of Labor and recent case law continue to shape how human resources professionals should be thinking about administering leave under the Family and Medical Leave...more

Perfect Attendance Awards: How to Navigate Them Perfectly

What is one of the key ways to promote good attendance? For many employers, it is by implementing a perfect attendance award bonus for employees who work for a month or a quarter without missing any scheduled work days...more

Key Employment Issues Facing Employers in the Automotive Industry

Automotive companies faced unprecedented challenges in 2020. In the coming year, these challenges will continue as companies navigate the continuing COVID-19 pandemic, related leave/quarantine issues and new challenges...more

Top Legal Issues Facing the Automotive Industry in 2021

One year ago, the automotive industry was swiftly and seriously impacted by the COVID-19 pandemic. This disruption, in addition to the new administration, continues to present a variety of fresh issues. Foley’s...more

DOL Issues New Q&As on COVID-19 and the FFCRA as of August 27, 2020

On July 27, 2020 we published a client alert about the DOL’s Q&A on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Families First...more

Employee Leave for Childcare This Fall As School Closures Ramp Up

As COVID-19 continues to prompt many school districts and daycare centers to remain closed for on-site instruction and care this Fall, this creates a serious dilemma for working parents. Employers are struggling to meet...more

DOL Releases New FMLA Forms, Solicits Comments for Future FMLA Regulation Changes

On July 16, 2020, the U.S. Department of Labor (DOL) issued new optional-use forms that employers can use to coordinate employee leave under the Family and Medical Leave Act (FMLA). As with the prior forms available from the...more

DOL Issues New Guidance on COVID-19, the FFCRA, the FMLA and the FLSA

On July 20, 2020, the Department of Labor (DOL) released three updated, new and separate questions and answers on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor...more

No-Fault Attendance Policy Creates "Fault" for Employer Under FMLA

“No-fault” attendance policies are common in many industries, especially those involving union settings. These policies do not require employees to justify an absence by presenting a doctor’s note or other equivalent...more

To Pay or Not to Pay – That is the Question!

A sales employee suffers from acute stress and anxiety, which ultimately force him to take a 12-week medical leave of absence under the FMLA.  Later that year, when the employer considers bonuses, the employee does not...more

Avoiding FMLA Interference Claims: Walking a Fine Line Between Permissible and Impermissible Comments

When it comes to Family and Medical Leave Act (FMLA) leave, not all comments are treated equally. Some comments may discourage an employee from using FMLA leave, thereby interfering with the employee’s FMLA rights and...more

Department of Labor Announces Expansion of FMLA Rights to Same-Sex Couples

The United States Department of Labor issued a groundbreaking rule change last week, granting couples in legal, same-sex marriages the same rights as those in opposite-sex marriages under the Family Medical Leave Act (FMLA)....more

FMLA Challenges in a Next-Generation Manufacturing World

Successful next generation manufacturers must work with their customers and suppliers as true partners in order to rapidly produce high-quality products....more

Useful Tips for Calculating FMLA Leave During the Holidays

This year, both Christmas and New Year’s Day fall on Tuesdays. Many businesses will be closed during these mid-week holidays. Many other manufacturers often shut down for extended periods for retooling or for a more extended...more

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