A recent case out of the 11th Circuit provides employers with guidance on when FMLA entitlement should begin for employees. While this case is very fact-specific—meaning that the outcome occurred due to very specific circumstances— employers can glean helpful and applicable lessons from how the court ruled. What is FMLA? FMLA stands for Family and […]
The Family Medical Leave Act (FMLA) provides eligible employees with up to twelve (12) weeks of unpaid, job-protected leave per twelve (12) month period. Despite FMLA being fairly well known, many businesses are still unsure if they must comply with the regulations. In simple terms FMLA applies to all public agencies, all public and private […]
Last summer, the Department of Labor (DOL) issued new FMLA forms. With the focus for much of 2020 on the COVID-19 pandemic, you may have missed it, but don’t panic. If you are using the prior version of the forms, you are not out of compliance. The content of the forms are still applicable, regardless […]
On March 24th, the Department of Labor issued guidance on Paid Sick Leave and Expanded Family and Medical Leave under the Families First Coronavirus Response Act. The guidance includes FAQs for employers and employees to understand their rights and responsibilities under the law. It also includes a fact sheet for employers and one for employees. […]
President Trump has signed the Families First Coronavirus Response Act into law. It will go into effect on April 2, 2020. In a response to the Coronavirus pandemic, Congress acted quickly to pass legislation to provide much needed relief to employers and employees. The Families First Coronavirus Response Act provides, among other things, paid sick […]
The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) recently issued a new opinion letter regarding leave under the Family and Medical Leave Act (FMLA). FMLA 2019-3-A responds to an employee’s question about whether an employer may delay designating leave as FMLA leave if the delay complies with a collective bargaining agreement (CBA) […]
In early August, the Department of Labor (DOL) issued an opinion letter to clarify whether an employee may take leave under the Family and Medical Leave Act (FMLA) to attend Individualized Education Program (IEP) meetings for their child. According to the DOL, the answer is yes. The Individuals with Disabilities Education Act (IDEA) requires public […]
June 28, 2019 | Category:
FMLAIf the interpretation and application of the Family Medical Leave Act (FMLA) wasn’t already complicated enough for employers, the Department of Labor (DOL) just threw a monkey wrench into the mix. In March 2019, the DOL issued an advisory opinion that attempted to clarify whether an employee can choose to exhaust their paid leave prior […]
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 workweeks of unpaid leave in a 12 month period for certain family and medical reasons. Specifically, for the birth and care of a child within one year of birth; placement of a child for adopted or foster care within one year […]
By: Rob Parker especially when it comes to intermittent leave. NAE has received several calls recently involving employers who desire to terminate employees just before they become eligible for FMLA, after they return from FMLA or while they are on FMLA. While there may be legitimate reasons for doing so, employers should be very careful […]
