FMLA
Virtual Posters – New DOL Guidance on Federally-Mandated Notices in a Virtual Workplace
Recognizing that remote work is here to stay for many employers, the U.S. Department of Labor (DOL) recently issued guidance on how employers can use virtual means to distribute and maintain the various posters required by federal employment laws. Background Several federal laws, including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act…
Read MoreHow Positive COVID-19 Tests, Underlying Conditions Intersect with the FMLA
Employers face one key challenge in their efforts to ensure compliance with the Family and Medical Leave Act (FMLA) as well as the Americans with Disabilities Act (ADA) as the coronavirus pandemic extends into 2021. Our resources tell us that there’s virtually no case law in this area yet with respect to COVID-19. Still, those…
Read MoreCOVID-19 Related Litigation Surges: What Employers Can Do To Minimize Exposure
The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on employers. In early May, we predicted an uptick in a variety of claims, including those relating to workplace safety, discrimination in furlough and…
Read More3 Workplace COVID-19 Trends That Are Likely Here to Stay
The post-pandemic landscape may be a very different one, especially with respect to leave and accommodations, experts are saying. It’s a familiar scene for anyone who has spent time in an office: Leadership calls an all-hands meeting and droves of employees pile into the main conference room, dragging in chairs and getting cozy. But COVID-19…
Read MoreLabor Department Issues More Coronavirus-Related Workplace Guidance
As the COVID-19 crisis continues, the U.S. Department of Labor (DOL) has issued more guidance for workers and employers about their rights and responsibilities under federal leave and wage and hour laws. On July 20, the DOL added new questions and answers to pandemic-related issues under the Fair Labor Standards Act (FLSA), the Family and…
Read MoreDOL Updates FMLA Forms and Seeks Input on Making Improvements
The U.S. Department of Labor (DOL) has updated certain optional Family and Medical Leave Act (FMLA) forms that employers and workers can use to coordinate leave requests. The department is also requesting input from the public to improve FMLA regulations and administration. The DOL said the new forms are “simpler and easier for employees, employers,…
Read MoreWhen They Need to Take FMLA Leave, Who Should Workers Tell?
Employees must notify employers of their need to take time off under the Family and Medical Leave Act (FMLA) when such leave is foreseeable, but who exactly should they tell? Their supervisor? HR? A third-party administrator (TPA)? Multiple people? The answer may depend partly on when the leave is requested (e.g., initial notice versus subsequent…
Read MoreDOL Issues Opinion Letter on FMLA Leave and IEP Meetings
The U.S. Department of Labor/Wage and Hour Division has continued its practice of issuing opinion letters. It recently issued an opinion letter that addresses the question of whether an employee may take FMLA leave to attend a Committee on Special Education (“CSE”) meeting to discuss a child’s Individualized Education Program (“IEP”). See DOL Opinion Letter…
Read MoreParents May Take FMLA Leave for Special Education Meetings
Parents can take Family and Medical Leave Act (FMLA) time off to attend special education meetings—called individualized education program (IEP) meetings—for children with serious health conditions, according to an Aug. 8 U.S. Department of Labor (DOL) opinion letter. FMLA leave likely will increase as parents learn that time off for this purpose is an option.…
Read MoreTiming Alone Is Not Enough to Prove FMLA Retaliation
A short period of time between leave taken under the Family and Medical Leave Act (FMLA) and a subsequent disciplinary action does not prove the two are related, according to the 8th U.S. Circuit Court of Appeals. The plaintiff worked as a surgical assistant for St. Luke’s Episcopal-Presbyterian Hospitals from 1995 until her termination in…
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