News & Analysis as of

Family and Medical Leave Act (FMLA) Department of Labor (DOL) Opinion Letter

Fisher Phillips

Return of the PAID Program: Here’s What Employers Need to Know as DOL Reinstates Back Wage Payment Option

Fisher Phillips on

The US Department of Labor’s latest update rewards employers that proactively resolve potential wage and hour claims and obtain approval of their investigation and resolution. The DOL’s Wage and Hour Division first introduced...more

BakerHostetler

DOL Advises that Employers Cannot Require Use of PTO when Employees Are on FMLA Leave and Receiving Paid Statutory Benefits

BakerHostetler on

On Jan. 14, just days before the change in administration, the U.S. Department of Labor (DOL) issued an opinion letter regarding the Family and Medical Leave Act (FMLA) substitution rule, clarifying that employers cannot...more

Bowditch & Dewey

Recent Shifts in Wage and Hour Law – Paid Time Off During FMLA Leave and Exempt Employee Status Challenges

Bowditch & Dewey on

January brought two legal updates in the wage and hour space. Read on! PROHIBITING THE MANDATORY USE OF PAID TIME OFF DURING CERTAIN FMLA LEAVES - On January 14, 2025, the U.S. Department of Labor’s Wage and Hour...more

Steptoe & Johnson PLLC

Participation in Clinical Trial is FMLA-Protected, DOL Says

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On November 8, the Department of Labor (DOL) issued an opinion letter addressing an interesting question under the Family and Medical Leave Act (FMLA): Can an employee take FMLA leave to participate in a clinical trial for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL’s Wage and Hour Division Weighs in on FMLA Use for Clinical Trials

In an opinion letter dated November 8, 2024, the Wage and Hour Division of the U.S. Department of Labor (DOL) responded to a question posed by an organization dedicated to finding a cure for specific diseases. ...more

McGlinchey Stafford

What do recent DOL opinions on FMLA mean for intermittent leave and holidays?

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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

Steptoe & Johnson PLLC

DOL Says Holiday Weeks Could Be a Potential FMLA Land Mine

Steptoe & Johnson PLLC on

For many, Labor Day weekend represents the last bastion of summer. It also ushers in a season of holidays, celebrations, and shortened workweeks throughout fall and winter. However, employers that deal with the year-round...more

Jackson Lewis P.C.

What Retailers Can Take Away From Labor Department Opinion Letter on FMLA Leave and Holidays

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The Wage and Hour Division of the Department of Labor (DOL) has advised in an opinion letter on calculating Family and Medical Leave Act (FMLA) leave when employees take off part of a week during which a holiday falls that...more

Perkins Coie

US Department of Labor Clarifies Calculation of FMLA Leave on Holiday Weeks

Perkins Coie on

The U.S. Department of Labor issued an opinion letter on May 30, 2023, clarifying how employers should calculate Family and Medical Leave Act (FMLA) leave taken by employees “during a week that includes a holiday.” The letter...more

Polsinelli

Department of Labor Issues Guidance on FMLA Leave during a Week with A Holiday

Polsinelli on

Just in time for the summer holidays, the United States Department of Labor (“DOL”) recently issued an opinion letter providing guidance regarding calculating the amount of leave used when an employee takes federal Family and...more

Stevens & Lee

DOL Clarifies How Holidays Impact Partial Weeks Taken Under FMLA

Stevens & Lee on

On May 30, 2023, the Department of Labor (DOL) released an opinion letter clarifying how holidays impact FMLA. Whether the holiday time counts against FMLA depends on two factors: 1.Whether the employee took a partial week...more

Constangy, Brooks, Smith & Prophete, LLP

They May Regret This decision.

The EEOC is inviting us to ask for opinion letters! The U.S. Equal Employment Opportunity Commission announced this week that it will begin issuing opinion letters in response to requests from the public. Eligible topics...more

Fisher Phillips

5 Most Likely FMLA Changes That Could Be On The Horizon, Per DOL Information Request

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The Department of Labor just provided employers a sign that it might be open to altering the Family and Medical Leave Act regulations and guidance, perhaps resolving some of the more difficult aspects of the law that cause...more

Dentons

Regular Rate - DOL Issues Opinion Letters

Dentons on

Right now, it feels like all COVID-19 all the time and employers are focused on serious issues - what a layoff might look like, what unemployment compensation is available to employees, and how to keep the business afloat.  ...more

Stokes Wagner

DOL Issues Three New Opinion Letters

Stokes Wagner on

On January 7, 2020, the U.S. Department of Labor published three new opinion letters that every employer should review. The first involves an employer’s nondiscretionary bonus payment of $3,000 given to employees who...more

Hinshaw & Culbertson LLP

U.S. Department of Labor Rings in the New Year with New Opinion Letters Regarding FMLA and the FLSA

The U.S. Department of Labor (DOL) issued three opinion letters on January 7, 2020—one addressing the Family Medical Leave Act (FMLA) and two on the Fair Labor Standards Act (FLSA). The FMLA letter clarifies whether a...more

Roetzel & Andress

A Parent’s Attendance At IEP Meetings Found To Be Eligible For Leave Under The Family Medical Leave Act

Roetzel & Andress on

The Department of Labor recently issued an opinion letter with respect to a situation that does not fall into the “easily interpreted” category. Children receiving special education and related services are entitled under the...more

Steptoe & Johnson PLLC

Three New DOL Opinion Letters Address Wage and Hour Issues and FMLA Eligibility

Steptoe & Johnson PLLC on

On January 7, 2020, the U.S. Department of Labor published three new opinion letters – two that address compliance under the Fair Labor Standards Act (“FLSA”) and one that addresses compliance under the Family Medical Leave...more

Snell & Wilmer

The DOL Starts 2020 With a Bevy of Opinion Letters

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Not sitting on its laurels, the U.S. Department of Labor (DOL) has already issued three new opinion letters to begin the year. Two deal with issues under the FLSA and a third addresses issues under the FMLA....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Year Brings New Opinion Letters From DOL’s Wage and Hour Division

On January 7, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued three opinion letters, two of which concerned the Fair Labor Standards Act (FLSA). (The other dealt with the Family and Medical Leave Act...more

Harris Beach Murtha PLLC

Department of Labor Releases First Three Opinion Letters of 2020

The Department of Labor announced its return from winter vacation this week by issuing three new opinion letters. Two of the letters address Fair Labor Standards Act (“FLSA”) payment calculation issues; the other deals with...more

Littler

Latest Set of DOL Opinion Letters Clarify FLSA Salary Basis and Overtime Calculations, FMLA Eligibility Determinations for Public...

Littler on

Getting the new year off to a quick start, the United States Department of Labor issued three Opinion Letters on January 7, 2020. These letters concern the salary basis test and overtime calculations under the Fair Labor...more

K&L Gates LLP

Working Wise: 2019 Family and Medical Leave Act of 1993 Department of Labor Opinion Letter Updates

K&L Gates LLP on

The U.S. Department of Labor released three opinion letters in 2019 regarding the Family and Medical Leave Act of 1993 (FMLA). In this episode, Leann Walsh, Melanie Stratton Lopez, and Avery Miller summarize the opinion...more

Spilman Thomas & Battle, PLLC

Do IEP Meetings Count? Yes, Attendance at IEP Meetings is Qualifying Reason for FMLA Leave

In an August 2019 opinion letter, the U.S. Department of Labor ("DOL") clarified whether attending a meeting to discuss the Individualized Education Program ("IEP") of an employee’s child is a qualifying reason for the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

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