Takeaways
Articles discussing the Family and Medical Leave Act (FMLA) an other topics related to workplace leave.
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
FMLA Notice Requirements: Lessons From the Third Circuit
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
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
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
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
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!
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?
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
Sixth Circuit Expands FMLA Leave Rights to Siblings
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.
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
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