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Home > Federal Law Articles > FMLA

Articles discussing the Family and Medical Leave Act (FMLA) an other topics related to workplace leave.

Join Me for a Webinar: “It’s Not Called the Friday and Monday Leave Act! Effective Ways to Protect your Organization Against Misuse of FMLA and ADA Leave”

Posted: November 11, 2025 | Littler Category: FMLA - General

Join me for my annual FMLA/ADA webinar, which comes to you, as always, free of charge.

This year’s webinar focuses on how employers can proactively guard against misuse of FMLA and ADA leave.

And there will be singing, plenty of singing.

When: Thursday, December 11, 2025 (12:00 – 1:15 p.m. central

When an Employee Requests Leave from Work, It’s Easy to Respond with Cynicism. Next Time, Respond with Kindness.

Posted: November 6, 2025 | Littler Category: FMLA - General

John always sat in the same spot in the same pew, positioned about 50 feet from the side entrance of the church.

Deep in prayer, a rosary wrapped around his left hand, John would lift his head and turn toward me as I entered that side door every Friday morning.

DOL Opinion Letter Addresses How to Properly Calculate FMLA When Overtime is Involved

Posted: October 16, 2025 | Jackson Lewis Category: FMLA - Regulations

The Department of Labor’s recent opinion letter provides important reminders to employers about the proper method for calculating an employee’s available

Firing for Suspected FMLA Fraud: The ‘Honest Belief’ Rule

Posted: August 27, 2025 | Ogletree Deakins Category: FMLA - General

The Family and Medical Leave Act (FMLA) provides critical job-protected leave for employees facing serious health conditions or family needs. However, the protections of the FMLA are not absolute, and employees may find themselves without its shield when an employer honestly believes they have engaged in FMLA fraud.

A recent

Flexible Leave Estimates and Mandatory Notice Requirements: FMLA Lessons From the Sixth Circuit

Posted: August 27, 2025 | Ogletree Deakins Category: FMLA - General

What kind of notice must employees provide to their employer when taking leave under the Family and Medical Leave Act? And how strictly may an employer rely on a doctor’s certification regarding the amount of FMLA leave an employee requires? A recent decision, Jackson v. United States Postal Service, from

Leave It to the Employer: Navigating FMLA Designation Rules

Posted: August 12, 2025 | Maynard Nexsen PC Category: FMLA - General

Employees take time off work for a variety of reasons, some of which may trigger use of FMLA leave—even when an employee does not request FMLA leave. Employers should be cognizant of the circumstances under which they have a duty to inform employees that their time off may be protected by the Family Medical Leave Act.

The DOL is Asking Employers to Self-Report FMLA Violations to the Federal Government. Will Even One Employer Take the Bait?

Posted: July 27, 2025 | Littler Category: FMLA - General

Yesterday, the US Department of Labor resurrected its Payroll Audit Independent Determination (PAID) program, which encourages employers to own up to potential minimum wage and overtime violations under the Fair Labor Standards Act and resolve them at an early opportunity.

For the first time in history, the DOL is

FMLA Notice Requirements: Lessons From the Third Circuit

Posted: July 22, 2025 | Ogletree Deakins Category: FMLA - Regulations

The Family and Medical Leave Act (FMLA) provides important protections for employees with serious health conditions, and notice to the employer is required in order to trigger those protections. But what constitutes adequate notice? A recent case from the U.S. Court of Appeals for the Third Circuit provides guidance on

Paid Leave Laws Keep Employers on Their Toes

Posted: July 22, 2025 | Maynard Nexsen PC Category: FMLA - General

Within the past ten years or so, there has been an uptick in states adopting laws concerning paid sick leave. As a result, multi-state employers have become accustomed to having to closely monitor the adoption of laws in the states in which their employees work to ensure their policies and practices are in compliance with all applicable paid leave laws. That task became more cumbersome with the rise in remote work as a result of the COVID-19 pandemic, as well as the rise in local jurisdictions following suit and adopting their own paid leave laws.

Employers, Before You Pick Up the Phone to Call an Employee’s Physician, Put it on Hold

Posted: July 17, 2025 | Littler Category: FMLA - Regulations

There must be something in the water in EmployerLand, USA.

On multiple occasions lately, employers have confessed frustration to me with the lack of information provided by an employee’s physician in an FMLA medical certification or in support of an ADA accommodation.

But their next line is always troubling: “So,

Mid-Year Paid Family Medical Leave Update

Posted: July 10, 2025 | Littler Category: FMLA - General

Mid-Year Paid Family Medical Leave Update

It is that time of year again when about half of the state paid family and medical leave (PFML) programs have announced changes to their contribution rates and benefits. A few programs have also announced a new state average weekly wage (SAWW), upon which

Lessons From the Seventh Circuit on Relying on FMLA Certifications and Requiring the Use of Paid Leave

Posted: July 8, 2025 | Ogletree Deakins Category: FMLA - Regulations

A recent May 2025 opinion from the U.S. Court of Appeals for the Seventh Circuit warns employers that they may not be able to rely strictly on a health care provider’s certification under the Family and Medical Leave Act (FMLA) where they have additional information about an employee’s health condition.

If You Review FMLA Medical Certification as Part of Your Job, You Need to Read this Post!

Posted: May 29, 2025 | Littler Category: FMLA - Medical Certifications

Here’s a story about Dyamond, who will forever impact the manner in which you review FMLA medical certification.

If this teaser doesn’t have you on the edge of your seat, nothing in this little FMLA blog will.

Dyamond’s Story

Dyamond worked at an assisted living facility run by the

Is Your Remote Employee Eligible for FMLA Leave When Working from Home?

Posted: April 9, 2025 | Littler Category: FMLA - Regulations

A funny thing happened as a result of the COVID-19 pandemic. Employers everywhere sent their employees home to work, many of whom will work forever more out of their home or remote worksite, never to see the Company headquarters again.

Coming out of the pandemic, some employers have drastically scaled

A Winter Treat! The ABA’s Summary of 2024 FMLA Court Decisions Has Arrived

Posted: February 26, 2025 | Littler Category: FMLA - General

What are we craving right now?

The Rule of Law!

Let me tell you, the American Bar Association delivered this past week!

Every spring, the ABA’s Labor and Employment Section Wage and Hour Committee publishes a comprehensive report of FMLA decisions handed down by the federal courts in the previous

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FMLA Article Index

  • FMLA – ADA, Interplay
  • FMLA – Coverage
  • FMLA – FFCRA
  • FMLA – Fitness For Duty
  • FMLA – General
  • FMLA – Interference Claims
  • FMLA – Intermittent Leave
  • FMLA – Leave Year
  • FMLA – Medical Certifications
  • FMLA – Regulations
  • FMLA – Retaliation
  • FMLA – Serious Health Conditions

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