The Department of Labor’s recent opinion letter provides important reminders to employers about the proper method for calculating an employee’s available
Articles Discussing The FMLA Regulations.
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
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,
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.
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
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
When an Employee Fails to Return FMLA Medical Certification, Can an Employer Lawfully Terminate the Employee?
Your employee, Johnny, is one of your poor performers. Upon receiving his latest written warning, he requests a leave of absence due to anxiety from working in a hostile work environment.
Tell me you’ve seen this one before.
Apparently, Johnny’s boss was guilty of being too direct.
The
What Retailers Can Take Away From Labor Department Opinion Letter on FMLA Leave and Holidays
The Wage and Hour Division of the Department of Labor (DOL) has advised in an opinion letter on calculating Family and Medical Leave Act (FMLA) leave when employees take off part of a week during which a holiday falls that holidays are not counted toward leave, unless an employee takes the entire week off or the employee was scheduled to work on the holiday.
DOL Opinion Letter Sheds Light on Calculating FMLA Leave During a Holiday Week
Welcome to the two people willing to dive into this blog post after reading that riveting headline!
In a highly technical opinion letter issued this week, the Department of Labor clarified how to calculate FMLA leave usage when an employee takes intermittent leave during a holiday week.
Bear with
Is an Employer Required to Provide FMLA Leave Indefinitely to an Employee Who Cannot Work Overtime?
Every one of us in the HR/employment world has met this moment. Your employee, Tommy, hands you a doctor’s note – usually no more than one sentence long – stating simply:
Tommy’s pinky toe hurts. Based on my medical judgment, Tommy cannot work more than 8 hours in a
What’s an Employer To Do When It Realizes It Failed to Provide an Employee Any Required FMLA Notices?
Everyone one of us has been there.
Your employee, Johnny, takes a leave of absence because he stubbed his toe at work, resulting in a lengthy worker’s compensation absence. For one reason or another, Johnny’s one week leave of absence turns into one month, then six months.
One night, right
When an Employee Takes FMLA Leave During a Holiday Week, How Much FMLA Leave is Actually Taken?
This one is to get the blood flowing for you hard-core FMLA nerds out there, cause it’s quickly going to get in the leave of absence weeds.
With the Labor Day holiday approaching, let’s discuss how an employer should calculate FMLA leave during a holiday week. Before you blurt out,
Notice Requirements Under the FMLA: Federal Court Reinforces Employees’ Obligations to Follow Established Notification Procedures
On June 17, 2021, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA) and an analogous state law after the employee’s separation from employment due
Back to the FMLA Basics: When Does an Employee Recoup FMLA Leave in a New FMLA Year?
While nearly all of you are reading up on the CDC’s latest guidance allowing vaccinated folks to shed their masks inside and out, we’re getting back to the basics here on the FMLA Insights blog.
A few of my clients have been grappling with how and when an employee recoups
Is an Asymptomatic Employee Infected with COVID-19 Eligible for FMLA Leave?
Tony, an employee for a medical clinic, tested positive for COVID-19. At the advice of his physician, Tony is required to quarantine for 14 days. Because he is completely asymptomatic, however, Tony scheduled no visit with his doctor, and no regimen of continuing treatment was prescribed.
Assuming Tony cannot perform