News & Analysis as of

Family and Medical Leave Act (FMLA) Paid Leave 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

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

Lessons From the Seventh Circuit on Relying on FMLA Certifications and Requiring the Use of Paid Leave

A recent May 2025 opinion from the U.S. Court of Appeals for the Seventh Circuit warns employers that they may not be able to rely strictly on a health care provider’s certification under the Family and Medical Leave Act...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

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

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

Davis Wright Tremaine LLP

New Year, New Policies: Oregon Employers, Update Your Employee Handbook for 2025

With the new year upon us, employers should review their employee handbooks and ensure they are compliant with more recent updates to both Oregon and federal law....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

Jackson Lewis P.C.

Illinois’ Cook County Amends Paid Leave Rules: It’s Time for Employer Policy Review

Jackson Lewis P.C. on

Employers in Cook County, Illinois face additional requirements now that amendments to the Final Interpretive and Procedural Rules governing the Cook County Paid Leave Ordinance were approved by the Cook County Board of...more

Quarles & Brady LLP

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

Quarles & Brady LLP on

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

Fox Rothschild LLP

The EEOC Continues to Challenge Leave Policies as Discriminatory

Fox Rothschild LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) continues its focus on challenging employment leave policies as discriminatory under the Americans with Disabilities Act (ADA)....more

Holland & Hart - Employers' Lawyers

Preventing Double-Dipping: Ensure that Paid Parental Leave Runs Concurrently with FAMLI Leave and FMLA

In Colorado, beginning on January 1, 2024, eligible employees can take paid leave for a variety of circumstances under Colorado’s Family and Medical Leave Insurance (FAMLI) program. Given that the FAMLI program is still in...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

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

Amundsen Davis LLC

[Webinar] Ninth Annual Labor & Employment Fall Seminar - September 13th, 12:00 pm - 4:00 pm CT

Amundsen Davis LLC on

Join us Wednesday, September 13 at noon for our Ninth Annual Labor & Employment Fall Seminar. This year’s event will be livestreamed from our Chicago office. Our attorneys will discuss the latest employment law updates...more

Spilman Thomas & Battle, PLLC

For Virginia Employers: Employment Law Changes Effective July 1, 2023

On July 1, 2023, laws that were passed by the General Assembly and signed into law by Governor Glenn Younkin become effective in Virginia. In the most recent legislative session, a number of new employment laws were passed...more

BCLP

Illinois Joins the Fold and Adopts Paid Leave - What Employers Need to Know

BCLP on

Shortly after beginning his second term, Governor J.B. Pritzker signed the Paid Leave for All Workers Act (“PLAW”), adding Illinois to a still small but growing list of states which require employers to offer paid leave to...more

Benesch

New York State Explicitly Limits Bounds of “No Fault” or Points-Based Attendance Policies

Benesch on

On November 21, 2022, New York Governor Kathy Hochul signed into law a new measure that explicitly prevents employers from penalizing workers for lawful absences. The new law amends Section 215 of New York Labor Law...more

Harris Beach Murtha PLLC

[Webinar] 2022 Annual Labor & Employment Update - December 9th, 9:00 am - 4:10 pm ET

Harris Beach Murtha PLLC on

On December 9, our Labor and Employment Group will present its annual full-day webinar on updates and developments in labor and employment law. Topics to be discussed include state legislative updates, conduct and behavior...more

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