On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA) following a federal court’s decision that invalidated a handful of regulatory provisions interpreting the FFCRA. Although the DOL was widely expected to address the court decision through revised regulations and/or court action, these new
Jeff Nowak
Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing management. Jeff represents employers in all areas of labor and employment law, but his passion is the FMLA -- he eats, drinks and sleeps all things FMLA!
Department of Labor Confirms There are Limits to FFCRA for Child Care Leave on Certain School Days
Those crazy little rascals at the Department of Labor must be readers of this second-rate FMLA blog!
Last week, I published FAQs offering insight on how employers should administer leave under the Families First Coronavirus Response Act (FFCRA) when an employee requests leave because a child’s school is closed or child care unavailable. As you…
School is Back in Session! Or is It? An Employer’s Back-to-School Guide to Answer Your FFCRA Child Care Leave Questions
As we head into the second half of August, many of our kids are heading back to school.
Or maybe they’re not.
Full day in-person classes? Or perhaps hybrid? Semi-hybrid? Remote? Home school? Dropping out?
The possibilities are endless.
With some version of school starting up in a neighborhood near you, employers will face challenges…
Federal Court Nixes Several FFCRA Regulations, Creating Compliance Headaches for Employers
Earlier this week, a federal court in New York kicked to the curb four key provisions of the U.S. Department of Labor’s regulations implementing the paid leave provisions of the Families First Coronavirus Response Act, requiring employers covered by the Act to quickly decide how it will address these scenarios in the future.
As you…
FMLA FAQ: If an Employer Places an Employee on Leave When He Can’t Wear a Face Covering, Is the Absence Covered by the FMLA?
Employers across America are requiring their employees to wear face coverings or masks while at work.
At the same time, employers across America are dealing with employees who have a million excuses why they can’t wear a face covering at work. Many of these excuses aren’t valid.
Some are.
If an employee claims to have…
DOL Issues New FMLA Notices and Forms, Seeks Input on Potential Changes to FMLA Regulations
In the middle of the COVID-19 pandemic, the U.S. Department of Labor hit the pause button on pandemic concerns and returned at least for a moment to the good old fashioned F-M-L-A.
This morning, the DOL issued new model notices and forms to be used by employers in the administration of the FMLA. The notices…
Can an Employee Take FMLA Leave During a Furlough?
Sadly, too many of my telephone conversations with clients over the past few months have involved layoffs. Furloughs. Elimination of jobs.
Of course, we’ve also discussed the great unknown of when some of these employees will be brought back to work.
At times, questions have arisen over how a furlough might impact an employee who…
My FMLA Blog Turns 10 Today! A Look at the Best and Worst of the FMLA in 10 Years of Writing
Today, my little FMLA blog turns 10 years old.
Ten years ago, at a time when very few people knew what the heck a “blog” was, including me, I took a chance that HR and leave of absence professionals and attorneys might need some help answering the difficult, yet common issues they faced when administering…
FFCRA FAQ: Must an Employee Enroll their Child in a Summer Program as a Precondition to Taking FFCRA Leave if the Program is Cancelled?
Are you working from home during the pandemic? Me, too.
Are you having trouble keeping your kids off Fortnite and Minecraft, and literally every other screen in your house? Me, too.
Do you still love your children? Me, too.
For the most part.
But with four young children at home, I am ready to return…
DOL Latest FAQ on FFCRA: Might Employers Who Use Temp Agencies Actually Be on the Hook for Paid Sick and Paid FMLA Leave?
Are you an employer covered by the the Families First Coronavirus Response Act (FFCRA) and do you use temp employees?
I’ve got something to share with you.
Over the past few weeks, I’ve been giving presentations to employers on the FFCRA [who hasn’t!?!] and have counseled them on their FFCRA obligations with respect…