News & Analysis as of

Family and Medical Leave Act (FMLA) Employer Liability Issues Opinion Letter

Fisher Phillips

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

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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

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

Steptoe & Johnson PLLC

DOL Says Holiday Weeks Could Be a Potential FMLA Land Mine

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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

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

Stokes Wagner

DOL Issues Three New Opinion Letters

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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

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

Snell & Wilmer on

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

K&L Gates LLP

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

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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

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

Jackson Lewis P.C.

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

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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

McAfee & Taft

When parent-teacher conferences qualify for FMLA leave

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A U.S. Department of Labor opinion letter, published on August 8, 2019, found certain types of parent-teacher conferences can be considered qualified leave under the Family Medical Leave Act (FMLA). As a result, some...more

Harris Beach Murtha PLLC

FMLA Leave Designation May Not be Declined or Delayed

Employers sometimes allow their employees to first take paid time off, or other accrued time, before “beginning the clock” for FMLA leave – often times through a Collective Bargaining Agreement (“CBA”), policy or practice....more

Fisher Phillips

Labor Department Confirms That Certain School Meetings Are FMLA-Protected

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In an eye-opening opinion letter issued yesterday, the U.S. Department of Labor confirmed that parents attending certain school meetings for the benefit of their children are entitled to FMLA leave for their absences. The...more

Hinshaw & Culbertson LLP

Employers Must Comply with FMLA Leave Designation Rules

Employers seeking to juggle employee leave demands with their own regulatory compliance obligations received clarification from the U.S. Department of Labor (DOL). Specifically, the DOL published a clarifying opinion letter...more

Holland & Hart - Employers' Lawyers

Avoiding Pitfalls When Trying to Offer Benefits That Exceed the FMLA’s Mandate

On March 14, 2019 the Department of Labor issued an opinion letter considering whether employers violate the Family Medical Leave Act (FMLA) by expanding the amount of leave given to an employee before designating the leave...more

Fisher Phillips

Web Exclusive: May 2019: The Top 17 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Baker Donelson

Don't Delay FMLA: DOL Makes Clear that Employers Must Designate Leave

Baker Donelson on

Does this scenario ring a bell? An employee needs time off from work for a health-related problem that appears to trigger the employee's rights under the Family and Medical Leave Act (FMLA). ...more

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

Untangling Complex Leave Issues – Part II

In the second episode of this two-part series, John Stretton and Rachel Mandel discuss the complexities surrounding the Family and Medical Leave Act and the Americans with Disabilities Act, including no fault attendance...more

Ballard Spahr LLP

FMLA Can and Should Run Concurrently With Paid Leave

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The U.S. Department of Labor's Wage and Hour Division (W&H Division) recently issued a new Opinion Letter on an issue that has long-plagued employers under the Family and Medical Leave Act (FMLA)—namely, whether an employer...more

Polsinelli

Generous Employers Beware: FMLA Leave Cannot Be Delayed

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Many employers offer paid leave, including sick leave or paid time off, as a benefit beyond the unpaid leave entitlements of the Family and Medical Leave Act (“FMLA”).  State or local laws may also require paid leave beyond...more

Miller Canfield

DOL Opinion Letter: Employers Cannot Delay Designation of FMLA-Qualifying Leave

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Employers can't delay the designation of a Family and Medical Leave Act-qualifying paid leave or provide additional FMLA leave beyond the 12-week FMLA entitlement, according to a new opinion letter issued by the Department of...more

Saul Ewing LLP

Paid Leave May Not Be Used to Expand FMLA-Entitlement

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The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. It is the employer’s obligation...more

Hogan Lovells

New DOL Opinion Letter Clarifies Employer Requirements under the FMLA

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The U.S. Department of Labor (DOL) has issued an Opinion Letter to clarify that under the Family and Medical Leave Act (FMLA), employers cannot (1) delay the designation of FMLA-qualifying leave, even if the employee prefers...more

BCLP

DOL: Employers May Not Delay FMLA Designation, Even at Employee’s Request

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It is not uncommon for employees to ask whether they can first use paid time off available under the employer’s leave policies and “save” their unpaid - and protected - Family and Medical Leave Act (FMLA) leave entitlement...more

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