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  DOL Opinion Letter Addresses Notice Required from Employees Seeking FMLA Leave.Ford & Harrison LLP - May 18, 2009 On May 5, 2009, the Department of Labor (DOL) released a Wage and Hour Opinion Letter clarifying how much advance notice employees must provide when requesting leave under the Family and Medical Leave Act (FMLA). The recently released letter (dated January 6, 2009, but not released until May 5, 2009) clarifies that when it is not possible for an employee to give 30 days advance notice of the need for leave, the employee must comply with the employer's internal policies and procedures for requesting leave, as long as it is practicable to do so. The new opinion letter also rescinds a prior DOL opinion letter to the extent that the earlier letter established a two-business-day rule for notice of employees' need for FMLA leave. Report Link New FMLA Regulations Necessitate Policy Changes.Vedder Price - March 17, 2009 Responding, albeit slowly, to
complaints from stakeholders
on both sides, the U.S.
Department of Labor issued
new FMLA regulations (effective
January 16, 2009) substantially
altering a number of familiar
FMLA procedures. Report Link New FMLA and New York Employee Privacy Requirements.Hughes Hubbard & Reed LLP - February 12, 2009 New U.S. Department of Labor (DOL) regulations regarding the Family and Medical Leave Act
(FMLA) take effect on January 16, 2009. They implement two types of new military family leave
(Military Caregiver leave and Qualifying Exigency leave) and update and clarify the existing FMLA
regulations. In addition, a recent amendment to the New York Labor Law, effective January 3, 2009,
restricts an employer’s use and disclosure of an employee’s personal identifying information,
including an employee’s social security number. Report Link New FMLA Regulations Take Effect.Ogletree Deakins - February 10, 2009 The Family and Medical Leave Act (FMLA) regulations issued late last year by the U.S. Department of Labor (DOL) took effect on January 16, 2009. According to Al Robinson, a shareholder with the firm's Washington, D.C. office and the former acting Administrator of the DOL's Wage and Hour Division (which enforces the FMLA): "The new regulations change the pro-vision of family and medical leave in the workplace, particularly the new basis for leave for families of individuals in the military. As a result, employers must become familiar with these changes and adjust their policies accordingly." Report Link Reminder - Employers Must Comply with Revised FMLA Regulations.Ford & Harrison LLP - February 04, 2009 The Department of Labor's significant revisions to the Family and Medical Leave Act ("FMLA") Regulations are now in effect and, to comply, most covered employers will need to revise their current policies and practices. Some of the important changes include: Report Link New FMLA Regulations: Key Changes and Clarifications for Administering Your FMLA Policies and Procedures.Baker Hostetler LLP - January 19, 2009 The Department of Labor (DOL) recently published its final revisions to the regulations under the federal Family and Medical Leave Act (FMLA). These final regulations, which are effective on January 16, 2009, include provisions addressing military family leave entitlements created in early 2008 by the National Defense Authorization Act (NDAA). The final regulations also update and clarify employer and employee rights and responsibilities under the FMLA. The following highlights a number of key changes and clarifications provided by the final regulations. Report Link Reminder – New FMLA Notice Requirements Take Effect January 16.Ford & Harrison LLP - January 08, 2009 This is a reminder that, beginning January 16, 2009, employers will be required to comply with the new Family and Medical Leave Act (FMLA) regulations issued by the Department of Labor in November 2008. As previously discussed, among numerous other changes, the new regulations change the employer's FMLA notice obligations by requiring employers to provide employees Report Link The New FMLA Regulations: Steps Employers Need to Take by January 16, 2009Gray Plant Mooty - January 07, 2009 The new FMLA regulations become effective on January 16, 2009. So what exactly does this mean for employers? The U.S. Department of Labor has made numerous changes to the regulations, and many employers are just beginning to analyze the impact of the new regulations on their organizations. In the meantime, however, there are several tangible steps that employers covered by the FMLA (i.e. employers with 50 or more employees) should take before January 16, 2009 in order to comply with the new regulations. Report Link Summary of Key Provisions of the Revised FMLA Regulations That Take effect January 16.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - December 10, 2008 On November 17, 2008, the U.S. Department of Labor (DOL) published final regulations implementing the 2008 amendments to the Family and Medical Leave Act (FMLA). Employers should act quickly to update their FMLA policies before these regulations take effect on January 16, 2009. Below is a summary of the most significant changes to the FMLA that will take effect early next year. Report Link ...and HEEEEEEEERE they are! FMLA Final Regulations.Constangy, Brooks & Smith, LLP - December 04, 2008 The final regulations for the Family and Medical Leave Act are out and will take effect January 16, 2009. What follows is a summary of the highlights of the changes. Report Link Department of Labor Updates FMLA Regulations.Barker Olmsted & Barnier - December 03, 2008 The U.S. Department of Labor has published new regulations governing the Family Medical Leave Act (FMLA). The rules are effective on January 16, 2009. Below is a summary of the more significant changes. Report Link Navigating the New FMLA Regulations.Jackson Lewis LLP - December 01, 2008 Jackson Lewis LLP is pleased to announce that our free webinar on the revised Family and Medical Leave Act is available for viewing 24 hours a day, 7 days week. This complimentary resource can help you better understand and prepare for the new FMLA Regulations that will take effect on January 16, 2009. Report Link New Family and Medical Leave Act Regulations Issued.Fredrikson & Byron, P.A. - November 26, 2008 On November 14, 2008, the U.S. Department of Labor issued the long-awaited new Family and Medical Leave Act (“FMLA”) regulations. The new regulations provide direction concerning “qualifying exigency” and “servicemember” leaves which were added to the FMLA as a result of amendments in January 2008, and also provide significant clarification in a number of other areas. The new regulations are effective January 16, 2009. Some of the highlights are set forth below. Report Link Relief in Sight? DOL Issues Final FMLA Regulations.Littler Mendelson, P.C. - November 26, 2008 More than 15 years after the Family and Medical Leave Act (FMLA) was signed into law, the U.S. Department of Labor (DOL) chose to evaluate and revise regulations that it had promulgated in 1995 during President Clinton's Administration. For much of that period, employers and their Washington, D.C. representatives pressed the case that substantial burdens had been added to the process of leave administration under the FMLA by the DOL rules. Almost from the day that Republican President George W. Bush came into office in 2001, employer hopes grew that some of the more challenging aspects of the DOL regulations would be revised in a manner that would relieve those obligations and constraints. More than seven years later, the Bush Administration proposed revised FMLA rules that promised to provide a variety of changes, while leaving relatively untouched several problematic aspects of the agency's regulations (such as the sometimes difficult challenges posed by the use of intermittent leave by employees without prior notice). The revisions that now have been issued are final, to be effective, as noted above, on January 16, 2009. Report Link Department of Labor’s Final Rule on Family and Medical Leave.Phelps Dunbar LLP - November 24, 2008 At our recent employment and labor law seminars in Mississippi, Louisiana and Texas, we discussed the long awaited final regulations from the Department of Labor ("DOL"), which address the recent amendments to the Family & Medical Leave Act ("FMLA"). On Friday, November 14th, the Department of Labor finally released these long awaited regulations which make substantive changes to the FMLA, address the new military leave provisions and set forth new DOL notice and certification forms. Set forth below is a link to the final regulations for easy reference and highlights of the final regulations. Report Link Final FMLA Regulations To Be Published Monday.Constangy, Brooks & Smith, LLP - November 21, 2008 On Monday, November 17, the U.S. Department of Labor will issue its final regulations on the Family and Medical Leave Act. The new regulations, reportedly 750 pages long, will address the new military provisions enacted in January 2008 and fine-tune the old FMLA regulations, issued in 1995. According to Victoria A. Lipnic, Assistant Secretary of Labor, and other news sources, the following are some highlights of the new regulations. Report Link DOL Issues New FMLA Regulations.Vedder Price - November 20, 2008 On November 17, 2008, the U.S. Department of Labor (DOL) issued new fi nal regulations interpreting the Family and Medical Leave Act (FMLA). Taking effect on January 16, 2009, the new regulations make a number of signifi cant changes to the existing, original regulations that date back to 1995. Although employers will have more latitude to obtain information from employees and health care providers, employers assume new obligations to inform employees of their rights and responsibilities. And, while the new regulations provide some new tools for preventing employee abuse of the FMLA, the medical conditions and circumstances under which leave may be taken remain broadly defi ned and intermittent leave will continue to be a challenge for employers. Report Link Final FMLA Regulations Issued by the Department of LaborGray Plant Mooty - November 19, 2008 Final, revised, regulations interpreting and guiding enforcement of the Family and Medical Leave Act (FMLA), were formally issued by the U.S. Department of Labor on Monday, November 17, 2008. The publication of these final, revised rules completes a process that extended more than two years and involved extensive commentary and public input on proposed regulations that were posted by the DOL this past February.
The new regulations, which are effective on January 16, 2009, are intended to incorporate both changes in the law–the new leave entitlements for military families, for instance–and adjustments deemed appropriate to address interpretation of the FMLA in some federal courts.
Report Link DOL Issues Final Regulations for FMLAElarbee, Thompson, Sapp & Wilson, LLP. - November 19, 2008 On November 17, 2008, the United States Department of Labor (“DOL”) issued new Final Regulations interpreting the Family and Medical Leave Act (“FMLA”) replacing the regulations issued in 1995. The new set of Final Regulations takes effect on January 16, 2009. Some highlights of the Final Regulations include. Report Link Long Awaited FMLA Regulations Released.Jackson Lewis LLP - November 18, 2008 The United States Department of Labor has released final revised regulations implementing the Family and Medical Leave Act. The revised regulations are over 750 pages in length and adopt most of the positions the DOL outlined in proposed regulations issued in February 2008. The regulations become effective on January 16, 2009, 60 days from November 17, 2008, the date the regulations will be published in the Federal Register. Report Link Employer Not Required To Play “Sherlock Holmes” To Detect FMLA Leave.Barker Olmsted & Barnier - October 06, 2008 Ideally, when an employee wants to take FMLA leave, he or she should specifically ask for it. But that does not always happen. Sometimes the employer is left guessing. A number of FMLA cases have held that employers are on notice of FMLA leaves when they receive information about serious medical conditions, extended hospital stays, or indication that the employee is too disabled to request leave. Report Link Calling In Sick Without Providing Additional Information is Not Sufficient to Trigger FMLA.Ogletree Deakins - September 16, 2008 Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid leave during a 12-month period. The FMLA specifically prohibits employers from interfering with an employee’s attempt to exercise his or her rights under that Act. In order to exercise those rights on the basis of an employee’s own “serious medical condition,” the employee must provide notice to the employer of the seriousness of the health condition that forms the basis of the leave request. Recently, the 7th U.S. Circuit Court of Appeals found that calling in sick, without providing additional information, does not provide sufficient notice of a “serious health condition” under the FMLA. Report Link Third Circuit Rejects Controversial FMLA Regulation.Ogletree Deakins - September 10, 2008 Joining other federal courts, the Third Circuit recently rejected a Department of Labor regulation, 29 C.F.R. §825.110(d), which deems an employee eligible for FMLA leave, even if the employee does not satisfy the FMLA’s eligibility requirements, when an employer fails to advise an employee of his/her eligibility after leave is requested. Here, the plaintiff had not worked the required 1,250 hours in the 12 months preceding her requested leave, but her employer failed to respond to her request for FMLA leave for the birth of her child. Report Link Refusal To Provide Medical Certification Dooms Worker's FMLA Case.Ogletree Deakins - September 08, 2008 The Seventh Circuit Court of Appeals recently dismissed a lawsuit brought by an employee who was fired after she refused to provide medical documentation substantiating her need for a reduced work schedule. According to the federal appellate court with jurisdiction over Illinois, the employer “cannot be deemed to retaliate against an employee by asking her to fulfill her obligations” under the Family and Medical Leave Act (FMLA). Report Link Department of Labor Issues Proposed FMLA Regulations.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - August 01, 2008 On January 28, 2008, the Family Medical Leave Act (FMLA) was amended by the National Defense Authorization Act for Fiscal Year 2008 to provide up to 26 weeks of job protected family leave to care for injured members of the Armed Forces, and up to 12 weeks of leave because of a qualifying exigency arising out of an employee's parent, child, or spouse's active duty or call to active duty. Under the amendment, a maximum of 26 weeks of leave may be taken during a 12-month period for any combina tion of the FMLA-qualifying events. Then, on February 11, 2008, the Department of Labor (DOL) issued much-anticipated proposed regulations for implementing the FMLA. These rules, which seek to clarify existing regulations, were open for public comment for a 60-day period, but the comment period closed on April 11, 2008. Although the DOL has not summarized or published the comments to date, it plans to complete the review process and adopt the new regulations prior to January 2009, when President Bush leaves office. Additionally, although this release does not include specific proposals for implementing the new leave provisions for family members of military personnel, the DOL did seek public comments on such rules. Report Link FMLA Compliance Review: Employer’s Written Response To Leave Request.Barker Olmsted & Barnier - July 11, 2008 Managing FMLA leave is a complicated undertaking. The use of a Department of Labor form "Employer Response to Employee Request for Family or Medical Leave" (form WH-381) will simplify the process in some respects. 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 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 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 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 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 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 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.
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