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Article Index » fmla: 10 Most Recent Articles
Report Link Tenth Circuit Defines “Willfulness” Under the FMLA.
Ford & Harrison LLP - April 25, 2008
The Tenth Circuit recently held that an employer who denied an employee’s Family Medical Leave Act (FMLA) claim after the employee twice failed to provide an adequate medical certification did not "willfully" violate the FMLA. See Bass v. Potter (10th Cir. April 15, 2008). The decision is the first published decision by the Tenth Circuit defining the standard for "willfulness" under the FMLA.
Report Link New Family and Medical Leave Act Developments.
Fredrikson & Byron, P.A. - March 31, 2008
The Family and Medical Leave Act (FMLA) has been the source of considerable discussion and much angst as employers try to comply with its intricate regulations and an array of court decisions that aren’t always consistent. This year has seen the most significant changes and proposed changes to the FMLA in the 15 years since the law was enacted.
Report Link FMLA: Labor Department Releases Revisions (pdf).
Jones Walker - March 24, 2008
Highlights of the proposed changes.
Report Link DOL Publishes Long-Awaited Proposals to Update FMLA Regulations.
Fisher & Phillips, LLP - March 05, 2008
For some time now, business groups have been calling for a substantial overhaul of FMLA regulations that have proven to be unduly vague, cumbersome, and in some cases, completely out of touch with the realities of today’s workplace. It seems that those requests are no longer falling on deaf ears. On February 11th, the Department of Labor took a substantial step toward regulatory reform by publishing a Notice of Proposed Rulemaking in the Federal Register. Once implemented, the final rules will contain regulatory language based upon comments submitted during the review process. Although a final set of new regulations is still months away, a spokesperson for the administration expressed her desire to implement changes by the end of President Bush’s term. The proposed rules will remain open for public comment through April 11, 2008.
Report Link New Proposed Regulations for the FMLA.
Shaw Valenza LLP - February 28, 2008
The federal Family and Medical Leave Act of 1993 has been around for about 15 years. The law provides eligible employees with up to 12 weeks of job-protected leave. The reasons for leave include their own or a covered relation’s “serious health condition,” or to care for a newborn or adopted child. While the law is fairly easy to describe, employers usually find it hard to administer according to its terms. Employers have hired entire teams of employees whose entire job is devoted to administer leaves. Some large employers even have “outsourced” leave management to third party administrators.
Report Link The Good, The Bad and The Obvious: DOL Issues New Proposed FMLA Rules.
Helms Mulliss & Wicker - February 25, 2008
On February 11, 2008, the federal Department of Labor (DOL) published its proposed overhaul of regulations that implement the Family and Medical Leave Act of 1993 (FMLA). Certain provisions in the proposed rules are clear nods to court and employer concerns regarding inconsistencies, vagueness and other practical implementation problems with the Act. Other provisions provide mere answers to what should have been obvious, prior enforcement guidance. However, many of the proposed changes fail to address key ongoing concerns or, worse yet, create additional potential hardships for employers.
Report Link Department of Labor Proposes Major Revisions to Family and Medical Leave Act Regulations.
Phelps Dunbar LLP - February 21, 2008
On February 11th, the Department of Labor unveiled a proposal to make wide-ranging revisions to its Family and Medical Leave Act (FMLA) regulations. The proposed regulations, which come in at just under 500 pages, represent the first major update to the FMLA since its enactment in 1993. Employers should expect to make significant changes to their employee leave policies once the final version of the regulations takes effect.
Report Link Verbal Notice Sufficient to Relay Intend to Take FMLA Leave (pdf).
Ogletree Deakins - February 20, 2008
Court reinstates workers interference claim.
Report Link DOL Proposes Revisions to FMLA Regulations and Seeks Comments on Military Family Leave.
Ford & Harrison LLP - February 19, 2008
The Department of Labor (DOL) has published a Notice of Proposed Rulemaking (NPRM) proposing revisions to certain regulations implementing the Family and Medical Leave Act (FMLA). The NPRM addresses many of the comments received by the DOL in response to its Request for Information published in December 2006, as well as legal challenges to many provisions in the current regulations. The DOL also included a Request for Comments on issues to be addressed in final regulations regarding military family leave.
Report Link FMLA Expanded To Permit Leave for Family Members of Military Personnel (pdf).
Nexsen Pruet - February 19, 2008
On January 28, 2008, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008 (NDAA), which contains a provision amending the Family and Medical Leave Act (FMLA) for the first time since the FMLA was enacted in 1993. The NDAA amendment expands the FMLA for employees in military families.

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