News & Analysis as of

Family and Medical Leave Act (FMLA) Paid Time Off (PTO) Employment Policies

Offit Kurman

Crafting Effective Flexible Leave Policies for Employers

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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

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

BakerHostetler

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

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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

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

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

Davis Wright Tremaine LLP

New Minimum Wage, Paid Sick Leave, and Captive Audience Meeting Protections for Alaska Employees

Alaska Ballot Measure One passed, according to unofficial election results, and brings with it three major changes for Alaska employers. The new law goes into effect July 1, 2025, but employers should start the process of...more

Tucker Arensberg, P.C.

Can an Employee Be Eligible for Medical Leave Even if FMLA and PTO Leave Isn’t Available?

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When employers think of “medical leave,” most minds understandably jump to the Family Medical Leave Act (FMLA) or time off that employees may be entitled to under company-provided policies (sick leave, vacation, PTO, etc.)....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

Tucker Arensberg, P.C.

Considerations When Updating Your Employee Handbook

Employee handbooks are an effective tool for employers for a variety of reasons. They set the rules of the road for your organization, aid in legal compliance, and can help your managers deal with potentially difficult...more

Fisher Phillips

An Employer’s Guide to Rethinking Bereavement Policies for a Modern Approach to Well-Being

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Now more than ever, employers are focusing on the mental health and well-being of their employees, recognizing that allowing them time for self-care is a key component of work-life balance. Losing a loved one is one of the...more

Rumberger | Kirk

Hurricanes, Wildfires And Floods, Oh My!

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How to put emergency action plans in place for dealing with natural disasters and other emergencies - In the wake of record-breaking temperatures, widespread wildfires, 100-year flooding and other natural disasters,...more

McAfee & Taft

Facebook Messenger for FMLA leave requests? Maybe.

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The attendance policy - Gestamp West Virginia, LLC manufactures auto parts in South Charleston, West Virginia. Under Gestamp’s attendance and leave policies, employees must notify their group leader at least 30 minutes...more

Dentons

Don’t Let the Door Hit You on the Blank on the Way Out: Skipping the Notice Period

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Every HR manager has had that moment where they’re trying to decide whether or not to waive a notice period for an employee who is terminating. Many also have a trickle of doubt about the repercussions waiving the notice...more

White and Williams LLP

Words Matter in Attendance Policies

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The Third Circuit Court of Appeals recently identified the difference between merely “requesting” Family and Medical Leave Act (FMLA) leave and “requesting and reporting” FMLA leave. At issue in the case was the employer’s...more

Jackson Walker

How School Reopening Plans May Affect Paid Leave for Working Parents and Employers by Judy Garner

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Schools across the country are announcing their reopening plans. For some, this means students will physically return to the classroom; for others, it means online classes or a hybrid operation. For working parents, what the...more

Troutman Pepper Locke

Employer Planning for Coronavirus

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With more than 90,000 cases of coronavirus (COVID-19) across 65 countries, it is only a matter of time before the disease has an impact on normal business operations. However, as the virus continues its march around the...more

Fox Rothschild LLP

NJ Issues Final Earned Sick Leave Law Regulations

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The New Jersey Department of Labor and Workforce Development (DOL) has issued the final regulations concerning the state's Earned Sick Leave Law (ESLL). These regulations, along with 118 comments and responses, provide...more

Epstein Becker & Green

New Jersey Department of Labor Adopts Regulations Implementing Earned Sick Leave Law

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On January 6, 2020, the New Jersey Department of Labor and Workforce Development (“NJ DOL” or “Department”) issued regulations implementing the state’s Earned Sick Leave Law (“ESLL” or “Law”). Briefly, the ESLL, which we...more

Harris Beach Murtha PLLC

Developments in New York State Labor and Employment Law – What You Need to Know in 2020

Lawmakers introduced and passed several bills in 2019 as part of an aggressive agenda to overhaul New York employment laws. Harris Beach attorneys Lindsey Zullo, Dan Palermo, Ibby Tariq and Taylor Ventre discuss a host of...more

Jackson Lewis P.C.

[Webinar] Connecticut Paid Family and Medical Leave Law: What Employers Need to Know - September 23rd, 2:00 pm ET

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With the recent enactment of Connecticut’s Paid Family and Medical Leave (CTPFML) law, the availability of paid leave, coupled with a vast expansion of covered employers, covered employees, and reasons for leave, will bring a...more

Dentons

HR Quick Takes: PTO donations

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Q: Can one employee donate PTO to another? A: Yes, but the government doesn’t make kindness easy. There are IRS rules which directly impact PTO donation plans....more

Bradley Arant Boult Cummings LLP

The Top 5 Dos and Don’ts of Employee Handbooks - Labor & Employment Newsletter

Haven’t updated that employee handbook in a while? Need to review it to make sure it is accurate? What policies actually need to be in a handbook? These are some of the questions that employers regularly face – or at least...more

Littler

Dear Littler: An employee was diagnosed with the measles. What do we do now?

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Dear Littler: I just learned that one of our employees has the measles. He works on a floor with 20 coworkers in an open office seating arrangement. Can I tell the other employees why he’s out so they can get tested or...more

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