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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 Proposed FMLA Regulations Would Help Employers.Elarbee, Thompson, Sapp & Wilson, LLP. - February 19, 2008 The Department of Labor’s (DOL) February 11, 2008 proposed regulations consolidate and reorganize many sections of the regulations to the Family and Medical Leave Act (FMLA) in an effort to make them more user-friendly. There are substantive changes, too, and many of them would benefit employers. Report Link Proposed Rule on the Family Medical and Leave Act.Buchanan Ingersoll & Rooney PC - February 13, 2008 On February 11, 2008, the Department of Labor published proposed rule changes for the Family Medical and Leave Act (FMLA). These regulatory changes would be the most sweeping modifications to FMLA regulations since their initial implementation on April 6, 1995. Report Link DOL to Publish FMLA Proposals: Changes to Existing Regulations and Comments on New Military Family Leave.Ogletree Deakins - February 08, 2008 On Monday, February 11, 2008, the U.S. Department of Labor (DOL) is expected to publish in the Federal Register a dual-purpose proposal on the Family and Medical Leave Act (FMLA). The DOL's first purpose is to propose revisions to certain existing FMLA regulations. These are the first proposed changes to the existing regulations since the FMLA was passed in 1993. The other reason for the proposal is to request public comments on a wide variety of issues related to the new military family leave entitlements that were contained in the National Defense Authorization Act. The DOL will use these comments to issue final regulations for these new military family leave entitlements. Report Link Sixth Circuit Provides Some Clarification on Calculating Flight Attendant Hours for FMLA Eligibility.Ford & Harrison LLP - January 23, 2008 The Sixth Circuit recently issued a decision involving computation of flight attendant hours for purposes of determining whether the 1,250-hour requirement of the Family and Medical Leave Act (FMLA) has been met. See Staunch v. Continental Airlines (6th Cir. Jan. 8, 2008). Report Link Third Circuit Eases Requirement for Employee Notification of Need for FMLA Leave.Jackson Lewis LLP - January 17, 2008 An employee's oral notification to his supervisor of his potential need for surgery served as sufficient notice for leave to warrant protection under the federal Family and Medical Leave Act, the federal court of appeals in Philadelphia has held. In a decision that broadens the type of conduct sufficient to put an employer on notice of an employee's need for FMLA leave, the Third Circuit Court of Appeals vacated the lower court's grant of summary judgment for the employer on the plaintiff-employee's FMLA claim. Report Link Paid Holidays Count Toward Twelve-Week FMLA Entitlement.Jackson Lewis LLP - October 05, 2007 In a case of first impression, the First Circuit Court of Appeals ruled that work holidays falling on days when an employee is out on intermittent Family and Medical Leave Act leave of one week or more can count toward the employee's statutory twelve-week FMLA leave entitlement.
Report Link Jackson Lewis Weighs In On Changes to FMLA Regulations.Jackson Lewis LLP - March 06, 2007 Pointing to the failure to accomplish the FMLA’s stated goal of providing reasonable leave to employees in a manner that accommodates the legitimate interests of employers, Jackson Lewis submitted comments today to the U.S. Department of Labor (DOL) calling for critical changes to the FMLA regulations. Report Link Calculating Eligibility for FMLA Leave: When Does 7 Equal 12?Jackson Lewis LLP - December 27, 2006 More employees may be eligible for leave under the Family and Medical Leave Act (FMLA) than many employers may contemplate, according to a federal appellate court decision in Boston. The Court in Rucker v. Lee Holding Co., d/b/a Lee Auto Malls, No. 06-1633 (1st Cir. Dec. 18, 2006), is requiring employers to include prior periods of employment--in this case, up to five years in the past--in determining whether employees qualify for statutory leave. Report Link Do You Have Comments About the FMLA?Elarbee, Thompson, Sapp & Wilson, LLP. - December 13, 2006 The U.S. Department of Labor recently announced that it is seeking information and comment from the public on the Family and Medical Leave Act (FMLA) and its implementing regulations. The request for information (RFI) was published in the Federal Register on Friday, Dec. 1. Report Link Would You Like The Department of Labor To Revise The Family and Medical Leave Act Regulations?Helms Mulliss & Wicker - December 11, 2006 On December 1, 2006, the Wage and Hour Division of the Department of Labor (DOL) published a noteworthy Request for Information. The DOL is seeking information from the public to help the Department review its Family and Medical Leave Act (FMLA) regulations and its administration of the Act. Report Link DOL Accepting Public Input Regarding FMLA Regulations.Ford & Harrison LLP - December 05, 2006 Reacting to concerns raised about the existing FMLA regulations, the Department of Labor has announced that it is soliciting information from the public "for its consideration and review of the Department's administration of the Act and implementing regulations". The DOL's request for information (RFI) was published in the December 1, 2006 Federal Register, http://www.gpoaccess.gov/fr/index.html (select browse, then Table of Contents, go to Wage and Hour division). A copy of the RFI is attached to this Alert. The DOL will accept comments until February 2, 2007. Report Link Seventh Circuit Revisits Adequacy of Employee Notice of Need for FMLA Leave (pdf).Vedder Price - August 04, 2006 A recent Seventh Circuit decision suggests that the
court may be aware of the concern it caused employers
regarding Family Medical Leave Act notice when it
decided Byrne v. Avon Products, No. 02-2626 (7th
Cir. May 9, 2003). Report Link Fifth Circuit Dismisses FMLA Suit Against Employer Citing Lack of Adequate Notice Concerning Employee's Health Condition (pdf).Phelps Dunbar LLP - May 16, 2006 In Willis v. Coca Cola Enterprises, Inc., ___ F.3d ___, 2006
WL 827359 (5th Cir. 2006), the Fifth Circuit Court of Appeals
affirmed the district court’s grant of an employer’s motion for
summary judgment, finding the plaintiff, a former employee,
failed to produce sufficient evidence that the employer was on
notice that she had a serious health condition and, the plaintiff
failed to prove her termination for violation of defendant’s “no
call/no show policy” was a pretext for discrimination. Report Link FMLA Regs Update (pdf).Nexsen Pruet - April 06, 2006 Way back in 2002, the U.S. Supreme Court decided a little case we like to call Ragsdale v. Wolverine
Worldwide, Inc., 535 U.S.81 (2002), which invalidated a Department of Labor (DOL) regulation regarding
employer notice to employees that leave is being counted towards the Family and Medical Leave Act (FMLA)
limit. This regulation, which is still reflected in the Federal Register, states “[i]f an employee takes paid or
unpaid leave and the employer does not designate the leave as FMLA leave, the leave taken does not count
against an employee’s FMLA entitlement.” 29 C.F.R. 825.700(a). More on this in a minute. Report Link Call-In Policies and the FMLA (pdf).Phelps Dunbar LLP - March 08, 2006 An Alabama district court recently considered whether an employer policy that required an employee to call in at least one hour before his shift began if he was unable to report to work was valid in light of the Family and Medical Leave Act (“FMLA”). Report Link Termination Did Not Violate The FMLA (pdf).Ogletree Deakins - December 20, 2005 The federal appellate court with
jurisdiction over Georgia employers
recently dismissed a lawsuit brought
by an employee who was denied leave
under the Family and Medical Leave
Act (FMLA) to care for her pregnant
daughter. According to the Eleventh
Circuit Court of Appeals, the worker
failed to provide sufficient notice to
her employer that she was requesting
leave for a potentially FMLA-qualifying
reason. Report Link Cold And Flu Season Returns, Along With Confusing FMLA Doctor's Notes.Helms Mulliss & Wicker - November 04, 2005 Every HR professional has seen it time and time again. An employee has been absent from work and returns with a quickly scribbled, confusing and incomplete doctor’s note. In this common situation, if the employer takes adverse action against the employee based on incomplete data, the company may face, or worse yet lose, a Family and Medical Leave Act (FMLA) claim unless the HR official is careful. Report Link FMLA Update -- A Ray of Hope for Members of the Psychic Employers Network? (pdf)Vedder Price - July 12, 2004 Faced with what appears to be an ever-expanding series of leave entitlements and regulations, many employers are finding it increasingly difficult to determine eligibility for leave under the Family and Medical Leave Act ("FMLA") in those situations where the employee provides inadequate notice before beginning leave as well as little or no information pertaining to the reason the leave is needed. Report Link Striking Down The Notice Requirement: Has The Supreme Court Helped Or Harmed Employers?Schulte Roth & Zabel LLP - June 15, 2002 What happens when an employer grants an employee leave but fails to tell the employee that the leave counted as leave under the Family Medical Leave Act of 1993 ("FMLA")? Report Link Supreme Court Rejects Penalty in the First Case Reviewed Under the Federal FMLA.Jackson Lewis LLP - March 21, 2002 Discusses Ragsdale v. Wolverine Worldwide, Inc., in which the court invalidated Section 825.700(a) which required employers to notify employees taking medical leave that the leave would count against their FMLA entitlement. Report Link Employee's Comment Of "Depression Again" May Be Valid Request For FMLA Leave.Ballard Rosenberg Golper & Savitt - March 01, 2002 Discusses Spangler v. Federal Home Loan Bank of Des Moines, No. 01-2476, 2002 U.S. App. LEXIS 1249 (8th Cir. Jan. 30, 2002), in which the court held that an employee's verbal statement that she was suffering from "depression again" could equate to a request for FMLA, requiring the employer to grant such leave. Report Link FMLA Regulations Continue to Cause Problems [PDF File].Kirkpatrick & Lockhart LLP - December 01, 2001 General discussion of recent case law regarding the difficulties in adhering to the FMLA regulations.
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