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What a difference a day makes under the FMLA

Under the Family and Medical Leave Act (FMLA), an eligible employee can take up to 12 weeks of protected leave for his own "serious health condition," which is defined under the U.S. Department of Labor's (DOL) regulations as a condition "that involves inpatient care . . . or continuing treatment by a health care provider." Although many FMLA cases have focused on the meaning of "continuing treatment," the definition of "inpatient care" has seen little review. A recent decision by the U.S. 3rd Circuit Court of Appeals (whose rulings apply to all Delaware employers) focused on the issue.

Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?

On Friday, June 26, the United States Supreme Court ruled that same-sex marriage is a fundamental right under the Fourteenth Amendment to the Constitution.

Paid Leave Expansion Funds Offered by DOL

In support of the Obama Administration's commitment to expand American workers' access to paid leave, the US Department of Labor (DOL) announced this week that it is offering $1.25 million in grants to help state and local policymakers study the feasibility of developing paid leave programs on a national scale. So far, California, Connecticut, Massachusetts, New Jersey, Rhode Island, the District of Columbia and several cities have passed laws allowing paid family and medical leave or earned sick days. While this may indicate an emerging trend, the US still lags far behind most other industrialized nations.

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.

FMLA FAQ: If Your Employee Checks into the Hospital After Midnight, Is It an "Overnight Stay" under the FMLA?

Q: One of my employees complained of chest pains at work and later went to the emergency room at the local hospital. However, we have learned through his medical certification that he was not admitted to the hospital until after midnight. He spent most of the day in the hospital and was discharged later that same day. In total, he missed two days of work. Is this absence covered by the FMLA?

3d Cir. Rules on FMLA Definition of Overnight Stay

Under the Family and Medical Leave Act, an eligible employee can take up to 12 weeks of protected leave for his or her own "serious health condition." A "serious health condition" is defined by Department of Labor's regulations as one "that involves inpatient care ... or continuing treatment by a health care provider." While many FMLA cases have focused on the meaning of "continuing treatment," the definition of "inpatient care" has seen little review. A recent decision by the Third Circuit Court of Appeals, which covers Delaware, recently focused on the issue.

How Fowl! Is An Employee's Text and His Girlfriend's Report Enough to Establish Notice of Need for FMLA Leave? Not So Fast...

This one just smells fowl. Delbert (not sure if he goes by Del or Bert, so I’ll just call him Delbert) decided not to show up for work at Tyson Fresh Meats on December 28. Instead, he asked his girlfriend, who also worked for Tyson, to report his absence for him. She obliged and told Delbert’s supervisor that he “would be absent or late” on December 28. On that same day, Delbert texted his supervisor, stating that he was “having health issues, would be out a few days, and needed to see a doctor.”

DOL Publishes New FMLA Forms -- Good Through May 2018

Those sneaky little rascals! While the rest of us were enjoying our Memorial Day holiday, those crazy kids over at the Department of Labor were still working away. This time, they were busy posting the new model FMLA notices and medical certification forms. Expiration: May 31, 2018!

DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States

Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse.

Policy Manual Update: DOL Issues Final Rule Revising Definition of Spouse Under the FMLA

On February 23, 2015, the U.S. Department of Labor (DOL) issued a Final Rule updating the Family Medical Leave Act's (FMLA) regulatory definition of "spouse" to include same-sex couples. Previously, the definition of "spouse" did not include same-sex spouses if the employee resided in a state that did not recognize his or her same-sex marriage. Now, eligibility for FMLA protections shall be based on the "place of celebration," or the location where the individual was married. This means that a couple married in Illinois, a state that recognizes same-sex marriage, would be entitled to spousal FMLA leave even if they later reside in a state that does not recognize the union.