News & Analysis as of

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

Steptoe & Johnson PLLC

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

Steptoe & Johnson PLLC on

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

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

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

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

Jackson Lewis P.C.

Maine Paid Family and Medical Leave Program Update: Labor Department Releases Finalized Rules

Jackson Lewis P.C. on

On December 4, 2024, the Maine Department of Labor (DOL) adopted finalized rules for the Maine Paid Family and Medical Leave Program (PFML). This rulemaking follows the Maine Legislature’s passage of the new law in 2023....more

Amundsen Davis LLC

The Do’s and Don’ts of Intermittent Leave Under the Family and Medical Leave Act

Amundsen Davis LLC on

Intermittent leave can pose logistical issues for employers trying to ensure consistency in business operations. Family and Medical Act Leave Act (FMLA) leave is most often taken as "block leave"—i.e., uninterrupted days,...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

Winthrop & Weinstine, P.A.

Minnesota’s New Paid Family and Medical Leave Law

On May 25, 2023, Gov. Tim Walz signed new legislation establishing Minnesota’s state-run family and medical leave program (the “Paid Leave Program”), and guaranteeing almost all Minnesota employees the right to paid family...more

International Lawyers Network

Paid Leave

The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more

Hinshaw & Culbertson - Employment Law...

Chicago Employers Confront Significant New Mandatory Paid Leave Requirements Effective January 1, 2024

On Thursday, November 9, 2023, the Chicago City Council voted to approve a new paid time off ordinance, the “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance.” This new ordinance replaces the Chicago Paid Sick Leave...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

Bradley Arant Boult Cummings LLP

Holiday Road! DOL Weighs in on Tracking FMLA Time Against Holidays

Tracking intermittent FMLA time — it’s every HR professional’s favorite thing to do. Do you come up with a total number of hours per employee or just count portions of the workweek? What do you do if an employee takes...more

Amundsen Davis LLC

Illinois Paid Leave – The When, What, Who, and How that Every Employer Needs to Know

Amundsen Davis LLC on

It is almost certain that Governor Pritzker will sign the Paid Leave for All Workers Act (Act) passed on January 10, 2023. The Act is littered with potential pitfalls for employer policies and practices regarding attendance,...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

McAfee & Taft

As pandemic drags on, employers should prepare for challenges facing working parents

McAfee & Taft on

Incredibly, COVID-19 has now impacted a third school year. Working parents were previously able to rely on the federal Families First Coronavirus Response Act (FFCRA) to take leave in the event of school closures and/or...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

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

Fox Rothschild LLP

Resource: Checklists And Compliance Tips For New York City Hospitality Employers

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New York City hospitality employers face a myriad of requirements under federal, state, and local laws. This employment law "checklist" provides a guide for such businesses in order to ensure that they are onboarding new...more

Foley & Lardner LLP

Massachusetts Paid Family and Medical Leave: Answers and Insights for Employers

Foley & Lardner LLP on

For more than three months now, qualifying Massachusetts employees have been eligible for medical and family leave benefits under the Massachusetts Paid Family and Medical Leave (PFML) Act. As employers build out their PFML...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?

PilieroMazza PLLC on

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

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