The FMLA was enacted in 1993, way back when fax machines had just begun ruling the world and we were only learning how to send an email to a friend. When the law was passed, FMLA didn’t contemplate a remote workforce, let alone one that would be hastily relegated to their homes during a global
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!
A Trifecta of Free Webinars in July: Brush Up on FMLA Misuse, PFML Developments, and ADA/Return to Work Issues
Christmas in July might just exist after all!
Give yourself and your loved ones the gift of three riveting — and, more importantly, free — webinars throughout the month of July that will tackle all things FMLA, ADA and paid family and medical leave.
You want some practical strategy for fighting FMLA misuse? I’ve got…
Can an Employer Grant FMLA Leave, but Also Discipline an Employee for Failing to Timely Report the Absence?
I’ve often wondered — in fact, even discussed with clients — whether an employer could safely approve an employee’s FMLA-related absence and discipline the employee because he failed to timely report the absence.
I’ve theorized that an employer could pull off both because the discipline punished the late call-in, not the FMLA leave.
But I’ve…
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 their FMLA leave entitlement in…
What Can Taipei, Taiwan Teach Us About FMLA Abuse? Here Are Ten Ways to Combative the Misuse of FMLA Leave as Summer Nears
If you find yourself mired in FMLA abuse, take comfort in this real-life husband and wife leave escapade.
Location: City of Taipei, Taiwan, which maintains a law in which eight days of paid leave is provided to newlyweds. How nice.
Johnny worked for a bank in Taiwan, and was set to wed his lovely…
President Biden Unveils his Paid Leave Plan: How Would the Plan Impact Employers?

The reality cuts like a knife: the United States of America is one of the only countries in the world that doesn’t maintain a federal paid leave program for its workers.
Last night, President Biden made clear his desire to change this reality.
In his first address to Congress since his election, President Biden unveiled…
Is an Asymptomatic COVID-19 Positive Employee 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 any work from home, are…
FAQ: Does FFCRA Leave Exhaust FMLA Leave?
I know you want to hear FFCRA musings [though I’m not sure why…], but first take a look at this beauty of a ten-week old golden retriever pup, Annie, who we just brought home.
My heart is full.
Take as much time as you’d like admiring that beautiful doggy before I move on . .…
There’s a Lot to Unpack on the New FFCRA, and Here’s My Initial Take
Have you ever read a new law and despite something like your 68th reading of the darn thing (which might as well be in a foreign language), it’s still clear as mud?
Let me introduce you to the American Rescue Act.
More specifically, let’s chat about those provisions revising and extending tax credits to employers…
Who Wants an FFCRA Leave Update? U.S. House Version of FFCRA Provides Some Clarity for Employers
Within the past few days, employers now have greater clarity on whether they will be required to provide their employees emergency paid sick and paid FMLA leave.
The latest news boils down to this:
Employers with 500 or more employees: Breathe easy – it seems apparent you will have no federal mandate to provide…