In Chapman v. Brentlinger Enterprises, the U.S. Court of Appeals for the Sixth Circuit (the “Sixth Circuit”) expanded the scope of family relationships covered under the Family and Medical Leave Act (“FMLA”), ruling that employees may be eligible for leave to care for a seriously ill sibling.
Articles Discussing Coverage Issues Under The FMLA.
The DOL Issues New Guidance On The Relationship Between The FMLA and State Paid Family Medical Leave Programs
Employers face a complicated patchwork of state, local and federal laws governing time off for family and medical reasons. The intersection of these
DOL Sheds Light on Administering FMLA Leave When an Absence Triggers Both FMLA and State Paid Leave Laws
Week after week, it seems, a new city or state enacts its own paid leave law of some sort.
For employers obligated to comply with the federal FMLA and these local leave laws, it’s death by a thousand paper cuts.
These paid leave laws come in all shapes
DOL Issues Opinion Letter on Applicability of the FMLA Substitution Rule When Employee on FMLA is Receiving PFML Benefits
On January 14, 2025, the Department of Labor issued an Opinion Letter regarding the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid family and medical leave benefits (PFML).
When You Send Your Employees To Work Abroad, Do They Lose the Right to Take FMLA Leave?
Once your employee steps off U.S. soil, does the employee lose FMLA protection?
It depends.
Consider these two scenarios:
In the first scenario, your employee requests FMLA to sit bedside with his mother, who suffering from terminal cancer. Mom is located in Mexico City, Mexico.
In the second scenario, you
Free Webinar! Employee Fitness for Duty Exams: Navigating the FMLA and ADA Traps to Keep Employers Compliant
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?
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]
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?
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
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
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
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
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
Are Remote Employees Eligible for FMLA Leave?
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?
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.