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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!

Those sneaky little rascals! While the rest of us were enjoying our Labor Day holiday, those crazy kids over at the Department of Labor were still working away. Bless their little hearts! This time, they were busy posting new model FMLA notices and medical certification forms.

Expiration: August 31, 2021.

No more month-to-month extensions

Parental leave policies are on the rise.

Maternity. Paternity. Caregiver. You name it. I am drafting more of these policies than ever before.

So, you can imagine my interest when, last year, the EEOC sued skin care/fragrance behemoth Estée Lauder, claiming that its parental leave policies discriminated against men. According to the EEOC at

Last June, the U.S. Department of Labor announced that it would again issue opinion letters to assist employers and employees in interpreting laws like the FMLA and Fair Labor Standards Act.  It was a welcome change as far as the employer community was concerned.

Then we waited.

And waited.

Finally, the day came: April

A week doesn’t go by without a client asking me whether they can discipline an employee for exceeding the number of absences allowed on their FMLA medical certification. The fact pattern usually goes something like this:

Johnny is an assemblyman at your 200-employee facility. He assembles johnson rods. He also has a chronic bad