On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against individuals in limited circumstances when the individual qualifies as an “employer” under the “economic
Articles discussing the Family and Medical Leave Act (FMLA) an other topics related to workplace leave.
IRS Ruling Clarifies Employment Tax Implications of Paid Family and Medical Leave Programs
The IRS’s recently released Revenue Ruling 2025-4 provides significant guidance on the employment tax treatment of contributions to and benefits paid under state paid family and medical leave (PFML) programs. This has been an area of concern as states have enacted various paid leave laws without providing guidance about how
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).
Modern Families: The Sixth Circuit’s Decision Regarding In Loco Parentis Relationships for Adult Siblings and FMLA Claims
The Sixth Circuit Court of Appeals recently issued a significant decision regarding the interpretation of the mysterious “in loco parentis” relationships under the Family and Medical Leave Act (FMLA). Chapman v. Brentlinger Enterprises held that an in loco parentis relationship can develop between two adults, including siblings, when one adult
No Sibling Rivalry Here: Court Green Lights Potential FMLA Leave for Siblings
Let me share a story about Celestia, who requested a few weeks of FMLA leave to care for her sister who was dying from cancer.
Celestia was a finance manager at Midwest Auto Group (known as “MAG”), a car dealership that peddles luxury cars.
What follows, though, is a total
Join Me for a Four-Day FMLA & ADA Master Class!
Imagine spending four consecutive days deepening your knowledge of the Family and Medical Leave Act and the Americans with Disabilities Act and gaining practical insight to manage employee absences and accommodations.
Interested?
For the past few years, I’ve conducted an FMLA master class, switching over last year to an ADA
Is the Department of Labor Turning FMLA Investigations into FLSA Investigations?
Every once in awhile, the U.S. Department of Labor rattles its saber, warning employers that it’s readying itself for aggressive enforcement investigations reviewing alleged FMLA violations.
For instance, two years ago, the DOL announced that it would ramp up FMLA audits (as well as wage and hour audits generally) those employers
Granting FMLA Leave for Clinical Trials: Five Key Points from the DOL’s New Guidance for Employers
DOL’s Wage and Hour Division Weighs in on FMLA Use for Clinical Trials
In an opinion letter dated November 8, 2024, the Wage and Hour Division of the U.S. Department of Labor (DOL) responded to a question posed by an organization dedicated to finding a cure for specific diseases. At issue was the question of whether treatment provided as part of a clinical
Join Me for a Free Webinar: Remote Control? Managing Remote Work Requests in a Changed Workforce
Join me for my annual FMLA/ADA webinar, which comes to you, as always, free of charge.
This year, due to overwhelming demand, we’re covering remote work as an ADA accommodation.
When: Wednesday, December 11, 2024 (12:00 – 1:15 p.m. central time)
Online registration: Click Here to register
As employers increasingly
When an Employee Abruptly Requests FMLA Leave after Being Given a Sucky Work Assignment, Can He Safely Be Terminated?
Meet Ray.
Ray is to the FMLA as Patrick Mahomes is to football. Ray is an FMLA pro, having taken FMLA leave a total of 158 times over three years. No joke. F-M-L-A simply rolled off Ray’s tongue, enabling him to take leave on countless occasions.
As the story goes,
Fourth Circuit Affirms Employers’ Right to Investigate and Take Action for Suspected FMLA Leave Misuse
Ninth Circuit Holds a Second Medical Opinion Is Not Necessary to Challenge an Employee’s Entitlement to FMLA Leave
The U.S. Court of Appeals for the Ninth Circuit recently held that an employer may challenge an employee’s entitlement to the benefits of the Family and Medical Leave Act (FMLA) without the necessity of obtaining a second medical opinion. Employers in the Ninth Circuit may, in certain circumstances, rely on
5th Circuit Rejects FMLA Claims, Clarifies Notice Requirement
Southeast Employment Law Letter, Vol. 5, No. 6