The U.S. Department of Labor’s (DOL) Wage and Hour Division has issued a new opinion letter, FMLA2026-2, clarifying how to calculate leave usage under the Family and Medical Leave Act (FMLA) when an employer shuts down operations for less than a full workweek due to unscheduled events, such as inclement
Articles Discussing General Issues Under The FMLA.
Navigating FMLA: DOL’s New Opinion Letter Clarifies Travel Time
- The DOL confirmed in a 01.05.26 opinion letter that FMLA leave may be used for time spent traveling to and from a medical appointment for a serious health condition.
- It also confirmed that a healthcare provider need not provide an estimate of travel time.
- The opinion letter provides helpful examples of when travel time is and is not related to a serious health condition.
Is Travel Time to and from a Medical Appointment Covered by the FMLA?
Your employee, Thelma, has requested FMLA leave to take her mom, Louise, to regular doctor appointments. Though the appointment itself will take one hour, Thelma wants to schedule it in the middle of the workday and for a total of five hours. The travel, she says, takes “quite a bit
Join Me for My Annual FMLA & ADA Master Class: The 2026 Edition!
Today is my birthday! Yay for me!
To celebrate, I am inviting you to a five-day FMLA & ADA Party!
This ain’t no joke. Join me for five days (13-hours!) at an interactive master class that will have you singing FMLA and ADA from the mountaintops!
What’s in Store?
Think case studies, real-world
As You Prepare Payment on Those Year-End Bonuses and Wonder Whether You Pay the Guy Who Took FMLA Leave, Read This First
Another year in the books—hope 2025 was a big win for your team!
For some, and hopefully all of you, you are ready to pay out year-end bonuses as the final pennies are counted for the year. In the meantime, however, you’ve debated with your bean counters whether you can prorate
DOL Explains How to Properly Calculate FMLA Leave
On September 30, 2025, the U.S. Department of Labor (“DOL”) Wage and Hour Division issued a new opinion letter clarifying how employers should calculate the hourly equivalent of an employee’s available leave under the Family and Medical Leave Act (“FMLA”). The opinion also addresses how FMLA applies to employees whose schedules include both mandatory and voluntary overtime. While the guidance largely reaffirms existing principles, it provides clarification for employers that manage nontraditional or fluctuating work schedules.
When an Employee Requests Leave from Work, It’s Easy to Respond with Cynicism. Next Time, Respond with Kindness.
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 Clarifies How Employers Should Calculate FMLA Leave for Overtime + Other Non-Traditional Schedules
Takeaways
Firing for Suspected FMLA Fraud: The ‘Honest Belief’ Rule
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
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
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?
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
Paid Leave Laws Keep Employers on Their Toes
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.
Mid-Year Paid Family Medical Leave Update
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
IRS Issues Guidance on Federal Tax Treatment of State Paid Family and Medical Leave Contributions and Benefits
The Internal Revenue Service (IRS) has released new guidance on the federal income and employment tax treatment of contributions and benefits paid under state paid family and medical leave (PFML) statutes. This guidance also outlines the related reporting requirements for employers and employees. There was no published guidance that addressed