News & Analysis as of

Family and Medical Leave Act (FMLA) Employee Benefits Employment Policies

Verrill

The Interaction between State Paid Family Medical Leave and Employer Short-Term Disability Programs

Verrill on

We often are asked how an employer’s existing short-term disability (“STD”) policy will interact with new state medical leave programs. While we advise clients on the interaction with programs in many states, this post will...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your August 2025 To-Do List

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Here are the top ten items you should tackle in August, based on the latest workplace law developments and upcoming critical compliance dates...more

Offit Kurman

Crafting Effective Flexible Leave Policies for Employers

Offit Kurman on

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the nuances of flexible leave policies, often mistakenly referred to as unlimited PTO. They explore the critical...more

Offit Kurman

Weddings, Honeymoons, and Milestones: Employer Guidance for Time Off Requests

Offit Kurman on

For HR leaders and business owners alike, the question is not whether employees will request time off for major life events, but when and how your organization will respond. Weddings, honeymoons, and personal milestones do...more

McAfee & Taft

Employer do’s and don’ts for applying accrued PTO to FMLA leave

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The Family and Medical Leave Act (FMLA) allows eligible employees working for covered employers to take up to 12 weeks of unpaid, protected leave during a 12-month period for absences resulting from covered family or medical...more

Chambliss, Bahner & Stophel, P.C.

[Event] Labor and Employment Seminar - March 13th, Chattanooga, TN

Join us for an engaging and informative labor-and-employment seminar designed to keep you abreast of the ever-evolving legal and regulatory landscape! This complimentary event is tailored for executives, management, and HR...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

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Paid Prenatal Leave in Effect in New York

On January 1, 2025, New York State’s Paid Prenatal Leave Law took effect, making New York the first state to require all private-sector employers to offer paid leave to employees for prenatal health care services during or...more

Mintz - Employment Viewpoints

DOL Issues Opinion Letter Clarifying Intersection of FMLA and State or Local Paid Family and Medical Leave Benefits

Shortly before the Trump Administration started, the U.S. Department of Labor (DOL) issued an opinion letter clarifying the “substitution” provision under the federal Family and Medical Leave Act (FMLA) when it intersects...more

Herbert Smith Freehills Kramer

DOL: Employers Cannot Mandate Use of PTO Concurrently With FMLA Leave When Employee Is Receiving Pay From a State or Local Family...

On Jan. 14, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued an opinion letter stating that employers may not require, and employees may not unilaterally elect, to use accrued employer-provided...more

Jackson Lewis P.C.

Updates for Employers Using Private Plans to Comply with Minnesota’s Paid Leave Law

Jackson Lewis P.C. on

Minnesota is one of a dozen states that have enacted a statewide program providing compensation to employees during family and medical leaves. Minnesota’s law provides job protection and payment of benefits through a...more

Vedder Price

DOL Clarifies that Leave Taken Under State Paid Family Leave Programs May Run Concurrently with FMLA Leave

Vedder Price on

On January 14, 2025, the U.S. Department of Labor (DOL) issued an opinion letter (FMLA2025-01-A) clarifying when an employer may count an employee’s leave taken under a state paid family leave program against that employee’s...more

Jackson Lewis P.C.

The DOL Issues New Guidance On The Relationship Between The FMLA and State Paid Family Medical Leave Programs

Jackson Lewis P.C. on

Employers face a complicated patchwork of state, local and federal laws governing time off for family and medical reasons. The intersection of these often-overlapping laws creates numerous issues including how to handle time...more

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

DOL Clarifies That FMLA Paid Leave Substitution Rules Apply When Employees Receive State or Local Paid Leave Benefits

As more states implement paid family leave programs, employers increasingly are faced with questions about how these state programs interact with Family Medical Leave Act of 1993 (FMLA) regulations. A recent opinion letter...more

Littler

DOL Issues Opinion Letter on Applicability of the FMLA Substitution Rule When Employee on FMLA is Receiving PFML Benefits

Littler on

On January 14, 2025, the Department of Labor issued an Opinion Letter regarding the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid...more

Proskauer - Law and the Workplace

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more

Spilman Thomas & Battle, PLLC

Suspected Abuse of FMLA Leave: What Can be Done?

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

Bradley Arant Boult Cummings LLP

Discouraging Discouragement: In Kemp v. Regeneron Pharmaceuticals, the 2nd Circuit Finds FMLA Violation Without Outright Denial of...

Most employers have gotten the hang of handling FMLA requests: Make sure the employee is eligible; get paperwork from the provider; and monitor the amount of time taken. Whether all supervisors are overjoyed with every...more

Quarles & Brady LLP

New Maryland Employment Laws Set to Take Effect on October 1: Is Your Business Prepared?

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Maryland’s General Assembly passed several employment laws that are scheduled to take effect on October 1, 2024. Areas of change include paid family leave, posting salary ranges and pay rate notifications, and an expansion of...more

Foley Hoag LLP

SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

Foley Hoag LLP on

In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...more

Dentons

HR Quick Take: FMLA

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Q: I have an employee on FMLA and I’m not certain how to count holiday leave....more

Spilman Thomas & Battle, PLLC

FMLA Doesn’t Allow an Employee to Nap on the Job – Does It?!

The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations...more

Poyner Spruill LLP

Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

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The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more

Mintz - Employment Viewpoints

NYC “Know Your Rights” Poster and Bill of Rights Website Now Live

The New York City Department of Consumer and Worker Protection (DCWP) officially debuted its new “Know Your Rights at Work” poster and Workers’ Bill of Rights website.  The poster, which links to the DCWP website via a QR...more

Conn Kavanaugh

New Year’s HR Housekeeping: Update Your Policies To Comply With Recent Changes To The Massachusetts Paid Family Leave Law

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The new year is an excellent time for businesses to take a fresh look at their policies to ensure they are up-to-date. This article highlights recent updates to the Massachusetts Paid Family Medical Leave law (PFML) to be...more

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