Total Articles: 32
Best Practices: FMLA Leave to Care for an Adult Child
Perhaps it's just me, but I recently have received several calls from clients inquiring about an employee's right to take FMLA leave to care for an adult child (i.e., age 18 or older). Some examples include: Can a grandparent take FMLA leave to care for her daughter after the birth of her baby? Or can an employee take leave to care for an adult child suffering from depression? The answer is not always an easy one. What are an employer's obligations when an employee seeks leave under the Family and Medical Leave Act to care for an adult child? (I apologize in advance for the length of this post, but I hope it's worth the read.)
Employee's FMLA Claim Dismissed After Taking a Trip to Cancun
Employees should think twice before setting off on a Cancun vacation while out on FMLA leave. In an FMLA decision that smacks of pure common sense, a federal court has upheld an employer's reasonable work rules that restricted an employee's travel outside the immediate vicinity while on FMLA leave.
Are Employees Eligible for FMLA Leave When A Natural Disaster Strikes?
Natural disasters like the kind we recently have witnessed in the flood-ravaged areas of the southern United States raise a host of issues for employers. Some wonder whether they are required to pay their employees during suspended operations; others are unsure whether and to what extent health benefits should be offered.
FMLA FAQ - Does a phone call to the doctor count as "treatment"?
An employee recently missed five days of work due to the flu. She did not visit the doctor, but did call in to the doctor's office while she was out. Based upon the call, the doctor wrote her a prescription for some medication. Does this count as FMLA leave?
Where FMLA Bonding Leave is at Issue, Unmarried Parents Have More Generous Leave Rights
The folks at the California Public Agency Labor and Employment blog yesterday raised an issue that has popped up from time to time with our own clients: When it comes to "baby bonding" leave, does the Family and Medical Leave Act provide more generous benefits for unmarried parents than it does for married parents? In short, the answer is Yes.
Employee's Failure to Return Supervisor's Phone Calls Dooms FMLA Claim
When an employee's request for medical leave is vague or is unclear, the Family and Medical Leave Act regulations specifically allow (in fact, they require) the employer to question the employee further to determine whether the absence potentially qualifies under the FMLA. When the employee fails to respond to these reasonable inquiries, the employee may lose the right to FMLA protection.
Employee's failure to respond to phone calls from employer regarding his request for FMLA leave precludes a claim against employer under that Act.
Most employers recognize that the Family and Medical Leave Act (FMLA) prohibits them from denying, restraining, or interfering with an employee’s rights to qualified leave. Last week’s Update addressed a situation in which an employer’s frequent phone calls to the employee asking when she would return to work while she was on FMLA leave may have interfered with that employee’s FMLA rights.
FMLA FAQ - Does Travel Time Count as FMLA Leave?
One of our employees has asked for leave to care for a family member in another state. Does the travel time to and from the family member count as part of the FMLA leave?
Federal Court Rules Hospital Employee's Faith-Healing Vacation is Not Protected FMLA Leave
An employee’s seven-week trip to the Philippines with her husband, who suffered from multiple ailments, was not protected leave under the Family and Medical Leave Act, the federal appeals court in Boston has ruled. Tayag v. Lahey Clinic Hosp., Inc., No. 10-1169 (1st Cir. Jan. 27, 2011). The FMLA entitles employees to 12 workweeks of unpaid leave annually “to care for the spouse … of the employee, if such spouse … has a serious health condition.” During their trip, the employee and her husband visited family and friends, went to Mass and met with Catholic church officials. This, the Court determined, did not comprise medical care for the employee’s husband within the meaning of the FMLA. The Court determined the employer did not violate the FMLA by terminating the employee for taking unapproved leave and affirmed summary judgment for the employer.
Employer can require compliance with call-in policy, even during FMLA leave.
The 8th U.S. Circuit Court of Appeals has held that an employee who was fired for repeatedly violating her employers call-in policy cannot proceed with her lawsuit under the FMLA.
FMLA FAQ - How do I calculate FMLA leave around the holidays?
I have an employee who is certified for FMLA leave. Our office is closed for Thanksgiving next Thursday and Friday. Do those days count as FMLA leave.
Impaired Employee May Be Excused From Heightened Reporting Requirement for FMLA Leave.
The 5th U.S. Circuit Court of Appeal has held that an impaired individual may not be required to comply directly with her employers heightened reporting requirements associated with FMLA leave. Saenz v. Harlingen Medical Center, LP, 5th Circ., No. 09-40887, August 2, 2010.
DOL to Conduct "FMLA survery": Is More Regulatory Change on the Horizon?
On the campaign trail, then candidate Barack Obama promised to work aggressively on work-family balance if he was elected president. In doing so, he clearly signaled a movement toward pursuing additional rights for employees to permit them to better balance their workplace duties and their personal and family lives. This "movement," however, has been stalled by the health care debate, the conflict in Iraq, and the Gulf Oil mess.
New FMLA Regulations Necessitate Policy Changes.
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.
New FMLA and New York Employee Privacy Requirements.
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 employers use and disclosure of an employees personal identifying information,
including an employees social security number.
New FMLA Regulations Take Effect.
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."
Reminder - Employers Must Comply with Revised FMLA Regulations.
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:
Reminder New FMLA Notice Requirements Take Effect January 16.
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
DEPARTMENT OF LABOR FINALIZES NEW FMLA REGULATIONS (pdf).
On November 17, 2008, the U.S. Department of Labor (DOL) issued the first new regulations
governing the Family and Medical Leave Act (FMLA) since the laws 1993 enactment. The final
regulations, which take effect January 16, are intended to be more user-friendly for both employers and employees.
...and HEEEEEEEERE they are! FMLA Final Regulations.
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.
Department of Labor Updates FMLA Regulations.
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.
New Family and Medical Leave Act Regulations Issued.
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.
Final FMLA Regulations To Be Published Monday.
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.
DOL Issues New FMLA Regulations.
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.
Third Circuit Rejects Controversial FMLA Regulation.
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 FMLAs 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.
FMLA: Labor Department Releases Revisions (pdf).
Highlights of the proposed changes.
DOL Publishes Long-Awaited Proposals to Update FMLA Regulations.
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 todays 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 Bushs term. The proposed rules will remain open for public comment through April 11, 2008.
New Proposed Regulations for the FMLA.
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 relations 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.
DOL Proposes Revisions to FMLA Regulations and Seeks Comments on Military Family Leave.
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.
DOL to Publish FMLA Proposals: Changes to Existing Regulations and Comments on New Military Family Leave.
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.
DOL Accepting Public Input Regarding FMLA Regulations.
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.
FMLA Regs Update (pdf).
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 employees FMLA entitlement. 29 C.F.R. 825.700(a). More on this in a minute.
