News & Analysis as of

Paid Time Off (PTO) Family and Medical Leave Act (FMLA) Employee Benefits

Steptoe & Johnson PLLC

The Intersection of FMLA and State Leave Policies: What Employers Need to Know to Ensure Compliance

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Earlier this year, the U.S. Department of Labor (DOL) issued an opinion letter that addressed the Family and Medical Leave Act’s (FMLA) provision regarding the “substitution” of accrued paid leave and its application to state...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

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

Fisher Phillips

5 Ways to Support Employees in the Sandwich Generation Managing Child and Elder Care

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It’s hard enough to juggle a career and childcare responsibilities — but many employees with young children also have aging parents who need their help, too. Expenses, time constraints, emotional decision-making, and...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

Davis Wright Tremaine LLP

Critical Compliance Note for Employers in States With Paid Family or Medical Leave

As we know, employers covered by the Federal Family Leave Act ("FMLA") must provide their qualifying employees unpaid protected FMLA leave. In many instances, employers require employees taking FMLA leave to use accrued and...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

ArentFox Schiff

Navigating New DOL Opinion Letters: Implications for Tip Pooling and Coordinating Paid Family Leave Benefits With FMLA Leave

ArentFox Schiff on

On January 14, the US Department of Labor’s (DOL) Wage and Hour Division (WHD) published two opinion letters, FLSA2025-1, which addresses tip pooling under the Fair Labor Standards Act (FLSA), and FMLA2025-1-A, which provides...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

Amundsen Davis LLC

FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of Labor Guidance for Employers Tries to Answer Tricky...

Amundsen Davis LLC on

As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators...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

Littler

Helping Employees During Los Angeles Wildfires

Littler on

The wildfires ravaging various parts of Los Angeles County are truly tragic and expected to cost more than $50 billion in damages, making it the most expensive natural disaster ever in the United States. For employers with...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

Jackson Lewis P.C.

Paid Leave Oregon Benefits Available Starting September 3, 2023

Jackson Lewis P.C. on

More than four years since the passage of Oregon’s Paid Family Medical Leave Act into law, paid leave benefits will finally be available to Oregon employees starting September 3, 2023. Applications for benefits, toolkits and...more

Epstein Becker & Green

Abortion-Related Time Off After Dobbs: How the FMLA and Other Laws Might Apply

Epstein Becker & Green on

The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and Casey v. Planned Parenthood and leaving the legality of abortion up to each state, inevitably will increase the...more

McAfee & Taft

Facebook Messenger for FMLA leave requests? Maybe.

McAfee & Taft on

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

Farrell Fritz, P.C.

LICP Talks Labor & Employment: New York State Paid Family Leave

Farrell Fritz, P.C. on

Whether managing a disability leave of absence, providing parental leave, or classifying time out of the office as paid sick, employers face a complex web of laws and obligations that impact employee morale, productivity and...more

Littler

Dear Littler: How do we Know Which State’s Laws Govern the Leaves and Benefits for our Wandering Workers?

Littler on

Dear Littler:  Thank you for answering our question last month about what wage and hour issues we needed to consider for our “wandering worker” who moved to North Dakota and wants to continue remote work. Of course, now that...more

Dentons

Special Shift Assignments and the FMLA

Dentons on

In 2021, as everyone begins to hope that the world will shift back to normal after the chaos of COVID-19, many employers are finding that they have no workers to fill open positions as they ramp up production and expand...more

Farrell Fritz, P.C.

Virtual Town Hall: The ABC’s of Time Off In New York

Farrell Fritz, P.C. on

Whether managing a disability leave of absence, providing parental leave, or classifying time out of the office as paid sick, employers face a complex web of laws and obligations that impacts employee morale, productivity and...more

Epstein Becker & Green

Update: Colorado Issues Clarifying Rules on Public Health Emergency Paid Sick Leave

Epstein Becker & Green on

As we previously reported, Colorado’s latest paid sick leave law, the “Healthy Families and Workplaces Act” (“Act”), was signed by Governor Jared Polis on July 14, 2020, requiring employers in the state to provide paid sick...more

PilieroMazza PLLC

To Offer or Not to Offer FFCRA Leave?

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Earlier this month we reported that under the latest stimulus bill, the Families First Coronavirus Response Act (FFCRA) mandatory leave requirements expire on December 31, 2020. However, the bill, which was signed into law on...more

Poyner Spruill LLP

USDOL Revises Regulations Under the Families First Coronavirus Response Act

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The DOL released new regulations revising the temporary rule implementing the Families First Coronavirus Response Act (“FFCRA”).  The new regulations are effective September 16, 2020, through December 31, 2020, and are in...more

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