The DOL is on a roll, and employers can’t be amused. Over the past few months, the Department of Labor seemingly has issued statement after statement after statement announcing settlements it has reached with various employers in conjunction with alleged FMLA violations. Heck, DOL now even has its own blog highlighting its recent FMLA enforcement
DOL Initiatives
Department of Labor to Increase Frequency of FMLA On-Site Investigations
For employers who have been involved in an FMLA investigation conducted by the U.S. Department of Labor, the process can be a bit of a head-scratcher because no two investigations look the same.
The FMLA investigation often starts with a somewhat mysterious phone call from a DOL investigator identifying him or herself as such.
DOL Publishes PowerPoint Presentation to Help Train Employees about FMLA
This week, I had the privilege of presenting on the “Nuts and Bolts” of the FMLA with Department of Labor Branch Chief for FMLA, Diane Dawson. Our presentation was part of an FMLA/ADAAA compliance conference hosted by the Disability Management Employers’ Coalition (DMEC). [My unsolicited opinion: DMEC is a fabulous non-profit organization devoted to…
Employers Must Begin Using Updated FMLA Forms and Poster Starting March 8, 2013
Earlier this month, the Department of Labor issued final new rules regarding the amendments to military family leave, flight crew eligibility and a handful of other relatively minor issues. At the time, I covered those changes at some length here.
Perhaps a bit lost in the changes to the regulations, however, is the obligation to begin using updated…
DOL Issues Final Rule Implementing FMLA Amendments Expanding Military Family Leave and Leave for Airline Flight Crew Members

This week, the Department of Labor released its final rule implementing the Family and Medical Leave Act amendments under the National Defense Authorization Act of 2010 (NDAA) and the Airline Flight Crew Technical Corrections Act (AFCTCA). The final regulation also revises a handful of existing regulatory provisions, and removes the model FMLA forms from the…
The FMLA Turns 20 Today; The DOL Celebrates with Curious Survey Results About the Use of FMLA
Happy 20th Birthday, FMLA! On February 5, 1993, President Bill Clinton signed the Family and Medical Leave Act, making it the very first piece of legislation he signed into law as President.
Congrats on making it into your third decade, FMLA. Over the last two, however, you’ve given employers one hell of a ride!
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…
DOL’s New Employee Guide to the FMLA Issued: What’s the Impact on Employers?
Earlier this week, the U.S. Department of Labor issued a 16-page FMLA guide that the DOL says is “designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides.” Entitled “Need Time? The Employee’s Guide to the Family and Medical Leave Act,” the Guide apparently was…
DOL to Host a Complimentary Webinar Tomorrow to Discuss Basics of FMLA
On Wednesday, June 27 (tomorrow!), the Department of Labor will host a complimentary webinar to assist employers and employees in better understanding the Family and Medical Leave Act. According to the DOL’s press release highlighting the webinar, it believes “too many workers don’t know about their rights under the FMLA and fail to take advantage…
It’s a Fact: Employers Often Can Designate FMLA Leave in Longer Increments Than the Actual Leave Taken
In a recent post, I discussed an employer’s obligation to designate leave under the Family and Medical Leave Act even though the employee did not want it to be classified as FMLA leave.
The post generated considerable feedback and some follow-up questions. I wanted to highlight one of those questions. One of our blog followers (see right…