News & Analysis as of

Paid Time Off (PTO) Family and Medical Leave Act (FMLA) Opinion Letter

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

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

FordHarrison

Department of Labor Affirms that FMLA Runs Concurrently with Paid Leave

FordHarrison on

On September 10, 2019, the Department of Labor (DOL) released a Family and Medical Leave Act (FMLA) Opinion Letter, FMLA2019-3-A, reinforcing the DOL’s position set out in an earlier opinion letter that “an employer is...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

Cozen O'Connor

III-44- A Little Help From The DOL

Cozen O'Connor on

Today's episode discusses FIVE new opinion letters and proposed rules issued by the United States Department of Labor that offer much-needed help to the employment community on issues of significance....more

Akerman LLP - HR Defense

FMLA Qualifying Leave Must Be Under FMLA

Employers cannot permit employees to use PTO or other paid leave prior to using unpaid FMLA leave for an FMLA qualifying condition, according to a new Department of Labor Opinion Letter. ...more

Dentons

Oh The Questions - DOL Opinion Letter re: FMLA leave designation

Dentons on

On March 14 the Department of Labor issued several opinion letters. Of particular concern was FMLA 2019-1-A which addresses designating paid leave as FMLA....more

Parker Poe Adams & Bernstein LLP

DOL Issues Opinion Letters on Extra FMLA Leave and Community Service as Working Time

The Department of Labor’s decision to again issue opinion letters in response to employer questions has resulted in some interesting agency positions. Two recent letters address unusual situations not accounted for in federal...more

Cozen O'Connor

II-34- Ten Things You Missed From Summer 2018

Cozen O'Connor on

We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...more

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