Tag Archives: DOL

Got an Employee Who Doesn't Follow Your FMLA Call-in Policy? Apparently, You Now Have to Ask Him Why He Couldn't

I recently had an interesting call with a DOL investigator, and I wanted to share it with you. First, let me set the background. I represent a large national employer with multi-state locations, including several on the east coast. One of these east coast locations employed Johnny [name changed to protect the guilty], a serial … Continue Reading

Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?

On Friday, June 26, the United States Supreme Court ruled that same-sex marriage is a fundamental right under the Fourteenth Amendment to the Constitution. So, I’ll give you one guess as to the topic of my blog post today. How is the FMLA Impacted by the Supreme Court’s Ruling on Same-Sex Marriage? Earlier this year, the … Continue Reading

DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States

Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse. Following that court order, the DOL now has represented that it will not enforce the rule in the four states covered by the decision — Texas, … Continue Reading

Texas Court Puts a Halt on DOL Enforcement of the New FMLA Rule Extending Leave Rights to Same-Sex Couples

A federal judge in Texas granted an injunction on Thursday that (for the time being) has stopped enforcement of the DOL’s final rule regarding the definition of spouse.  Under the new rule, which was scheduled to take effect today, the FMLA would cover same-sex spouses if the marriage occurred in a state that recognizes same-sex marriage and … Continue Reading

DOL Issues Final Rule Extending FMLA Leave Rights to Same-Sex Couples: Here's Everything Employers Need to Know

The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status.  This rule change will impact the manner in which employers administer FMLA leave, so I’ll quickly get down to the … Continue Reading

When an Employee Requests FMLA Leave for a Workplace Injury, Is the Employer Required to Report it as an OSHA Event?

An issue that implicates both the FMLA and OSHA? Normally, I’d yawn and take a cat nap along with you. But this one is sufficiently interesting: If an employee returns FMLA medical certification confirming the need for FMLA leave because of a workplace injury or illness, is the employer required to record the event on … Continue Reading

DOL Issues Guidance on "Caring for an Adult Child" Under the FMLA

Yesterday, the U.S. Department of Labor issued an Administrator’s Interpretation (AI) to clarify the factors an employer must consider when an employee requests leave to care for an adult child.   As we know, an otherwise eligible employee is entitled to FMLA leave to care for a child with a serious health condition. Under the … Continue Reading
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