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Home > Federal Law Articles > FMLA > Coverage (FMLA)

Articles Discussing Coverage Issues Under The FMLA.

Free Webinar! Employee Fitness for Duty Exams: Navigating the FMLA and ADA Traps to Keep Employers Compliant

November 9, 2022 | Littler Filed Under: Coverage (FMLA)

Littler

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

When: Wednesday, December 14, 2022 (12:00 – 1:15 p.m. central time)

Online registration: Click here

Employers increasingly face situations where they are concerned about an employee’s mental health or physical ability to perform to perform

Does the FMLA Cover Abortion and Travel to Obtain an Abortion?

July 15, 2022 | Littler Filed Under: Coverage (FMLA)

Littler

In the aftermath of the Supreme Court’s Dobbs decision, the FMLA questions are coming fast and furious: Can an employee take FMLA leave to obtain and recover from an abortion? What if the abortion is elective? And now that abortion will be illegal in at least some states, is travel

Family Medical Leave Act – Employer Eligibility Requirements [Video]

June 17, 2022 | Nexsen Pruet Filed Under: Coverage (FMLA)

Jennie Cluverius shares insight on FMLA eligibility requirements for employers of different sizes. Learn more about these requirements, ADA protections and other reasonable accommodations.

What Can Baseball Teach Us about the FMLA?

April 14, 2022 | Littler Filed Under: Coverage (FMLA)

Littler

Luke and White Sox closer, Liam Hendriks

I love baseball.

I love the sport so much that, in the Nowak family, we are taught that America’s favorite pastime was formed in the story of Creation somewhere between the placement of the stars and Adam’s rib.

As a lifelong Chicagoan, I long

Has Federal Paid Leave Been Resurrected from the Dead? Pelosi-backed Legislation Needs a Lifeline to Survive

November 4, 2021 | Littler Filed Under: Coverage (FMLA)

Littler

The ink had not even dried on my blog post last week (calling federal paid leave a possibility) when a federal paid leave bill pending in the House was declared dead.

Fast forward to yesterday, when news outlets began reporting that federal paid leave may not be dead after all.

A Trifecta of Free Webinars in July: Brush Up on FMLA Abuse, PFML Developments, and ADA/Return to Work Issues

July 1, 2021 | Littler Filed Under: Coverage (FMLA)

Littler

Christmas in July might just exist after all!

Give yourself and your loved ones the gift of three riveting — and, more importantly, free — webinars throughout the month of July that will tackle all things FMLA, ADA and paid family and medical leave.

You want some practical strategy for

DOL Green Lights Telemedicine Visits to Support FMLA Leave, Allows Electronic FMLA Posting

March 3, 2021 | Littler Filed Under: Coverage (FMLA)

Littler

The Department of Labor is quickly catching up to the telemedicine explosion and America’s remote workplace.

In an effort to ease FMLA administration and address the lightning-fast move toward telemedicine visits during the COVID-19 pandemic, the DOL issued guidance yesterday making clear that a telemedicine visit with a health care

Should You Check In with Your Employee During FMLA Leave? Yes, and Here’s Why

February 4, 2021 | Littler Filed Under: Coverage (FMLA)

Littler

Recently, an email I received from a HR-related organization caught my eye.

The email was fashioned as a Q&A.  One of its members posed a question that I’ve paraphrased here:

Our practice is to reach out to employees on FMLA leave once a month to check in and see how

DOL Issues Additional Clarification on FMLA, FFCRA, FLSA in COVID-19 Context

July 24, 2020 | Jackson Lewis Filed Under: Coverage (FMLA), DOL, FFCRA

Jackson Lewis

The U.S. Department of Labor (“DOL”) recently issued additional clarification on its FAQs and guidance regarding the FMLA and the FFCRA in the context of the COVID-19 pandemic.  Some highlights include:

Telemedicine Visits Are “In-Person” Visits with a Healthcare Provider under the FMLA

Telemedicine visits (those medical appointments that are

Are Remote Employees Eligible for FMLA Leave?

May 11, 2017 | Nexsen Pruet Filed Under: Coverage (FMLA)

More and more employees are working remotely these days. So, what does an employer do when an employee who works from home—more than 75 miles from the employer’s office—requests FMLA leave?

When do related companies get combined for purposes of FMLA?

May 3, 2017 | Nexsen Pruet Filed Under: Coverage (FMLA)

Consider this example: Company A has 30 employees in Greenville and Company B has 30 employees in Spartanburg. Family Medical Leave Act (FMLA) analysis is easy, right? Neither company has 50 employees, and, therefore, neither is covered under FMLA. Not so fast! Related corporations may have their employee counts aggregated for purposes of determining whether they have 50 or more employees under the FMLA through the “single integrated employer” test. The FMLA requires an employer to comply with its regulations if it employs 50 or more workers within a 75-mile radius. Under the single integrated employer test, Company A and Company B may be regarded as a single employer for FMLA coverage (and have their employee counts aggregated) depending on the nature of their corporate operations.

Can Hillary Clinton Take FMLA Leave for Pneumonia? And Can Her Campaign Give Her the Boot Because She’s a Key Employee?

September 14, 2016 | Littler Filed Under: Coverage (FMLA)

Littler

Disclaimer! Disclaimer! This is not a political post. This is meant to be good, clean fun. But where current events meet the FMLA, I’m as giddy as a five-year old boy coming eye-to-eye with his first dump truck!

Are You a Co-Employer? FMLA Joint Employer Liability Can Be Deadly

September 24, 2014 | Littler Filed Under: Coverage (FMLA)

Littler

I’ve discussed far sexier topics than “joint employers” on this blog. After all, it’s not every day an employee gets drunk at a Polish festival at the very time she’s supposed to be on FMLA leave.

FMLA FAQ: My Employee Took a Whole Lot of Leave Last Year. Is He Even Eligible Now for FMLA Leave?

October 28, 2013 | Littler Filed Under: Coverage (FMLA)

Littler

Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four weeks. We’re now in a new FMLA year and he is requesting FMLA leave again. Is he even eligible for FMLA leave since he didn’t work 1,250 hours?

FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?

July 19, 2013 | Littler Filed Under: Coverage (FMLA)

Littler

Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?

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