FMLA

NEW FMLA FORMS AND WHY YOU MIGHT WANT TO USE THEM

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 […]

DOL REITERATES FMLA DESIGNATION IN NEW OPINION LETTER

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) […]

FMLA EXTENDS TO CHILDREN’S SPECIAL EDUCATION MEETINGS SAYS DOL

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 […]

9TH CIRCUIT VS. DEPARTMENT OF LABOR: COMPLIANCE WITH THE FAMILY MEDICAL LEAVE ACT

If 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 […]

APPROPRIATE STEPS WHEN EMPLOYEES HAVE EXHAUSTED FMLA LEAVE

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 […]

HEARD IT ON THE HOTLINE

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 […]

UPDATED FMLA FORMS ISSUED; NO SUBSTANTIVE CHANGES

Earlier this month, the Department of Labor released updated Family and Medical Leave Act (FMLA) notices and certification forms. The updated notices and forms expire August 31, 2021. With the exception of the updated expiration date, no substantive changes were made to the forms. The updated forms can be downloaded from the Department of Labor’s […]

OMG FMLA – HOW TO COMPLY & AVOID LIABILITY

The Family and Medical Leave Act (more commonly known by its acronym — FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. There is no question that FMLA provides important leave protections for employees, but often employers find administering it to be the source of many employment-related headaches […]

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