Category Archives: Regulatory Activity

Subscribe to Regulatory Activity RSS Feed

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 FMLA notice and … Continue Reading

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 appendices of … 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

FMLA Leave for Same-Sex Couples to be Clarified by Supreme Court's DOMA Decision?

This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are married in states that allow such unions.  A Supreme Court decision nullifying DOMA could have wide ranging impacts, including how the Family and Medical Leave … Continue Reading

DOL Extends Comment Period for Proposed FMLA Regulations to April 30, 2012

On February 15, the Department of Labor published proposed regulations to the Family and Medical Leave Act in three specific areas: 1) Military Family Leave; 2) Flight Crew FMLA Eligibility; and 3) the manner in which employers calculate increments of FMLA leave.  We summarized those changes here. Public comments originally were due by April 16, 2012.  However, … Continue Reading

Want Some Insight into the EEOC's priorities in the Area of ADA and Leaves of Absence? Follow EEOC Commissioner Chai Feldblum on Twitter

With the growth of blogs and other social networking like Linkedin and Twitter, news comes at us fast and furious these days.  In a recent blog post, LexBlog CEO and legal marketing guru Kevin O’Keefe cited a recent survey finding that 55 percent of people hear about breaking news on Facebook and 20 percent on Twitter. Clearly, … Continue Reading

Proposed FMLA Regulations on Military Family Leave and Flight Crew Eligibility Published in Federal Register; We Need Your Feedback

Late last month, I reported that the Department of Labor had announced proposed changes to the Family and Medical Leave Act regulations with respect to Military Family Leave, Flight Crew FMLA Eligibility and the manner in which employers calculate increments of FMLA leave. This morning, these proposed regulatory changes were published in the Federal Register (pdf), which means that the … Continue Reading

DOL Proposes FMLA Regulatory Changes Regarding Military Family Leave, Flight Crew Eligibility and How Employers Calculate FMLA Leave

On January 30, 2012, the U.S. Department of Labor announced proposed changes to Family and Medical Leave Act regulations (pdf) in three specific areas: 1) Military Family Leave; 2) Flight Crew FMLA Eligibility; and 3) the manner in which employers calculate increments of FMLA leave.  Rules for the first two have been expected for some time, … Continue Reading

Reports: FMLA Regulatory Changes To Be Announced Later Today regarding Military Family Leave?

Various news outlets and web sites, including the Washington Post, Fox News and, have reported that the Department of Labor will propose various changes today to Family and Medical Leave Act regulations regarding military family leave.   Fox reports that Secretary Hilda Solis will make the announcement with First lady Michelle Obama.  According to the web reports, … Continue Reading

The Best of FMLA from 2011 and What's In Store for Employers in 2012

First, a heartfelt THANK YOU for following our FMLA Insights blog in 2011.  In 2011, our most popular blog entries involved two general topics: 1) employers’ best practices for FMLA administration; and 2) leave as a reasonable accommodation under the ADA when FMLA leave ends.  We share these posts again below, since we believe the guidance … Continue Reading

The DOL's FMLA Forms Expired on December 31, 2011. Should Employers Still Use Them?

In a flurry of activity at the end of 2011, several employers contacted me to determine whether the DOL notice and certification forms still were valid, even though they contain an expiration date of December 31, 2011.  In short, employers may continue to use the DOL’s FMLA forms, although consider our suggestions below before using … Continue Reading

EEOC Releases Final Regulations to ADA Amendments Act

Yesterday, the Equal Employment Opportunity Commission (EEOC) released the much-anticipated final regulations (pdf) for the ADA Amendments Act of 2008. The EEOC will publish the regulations in the Federal Register today, and they will become effective in 60 days, on May 24, 2011. The EEOC has issued a press release highlighting the release of the new … Continue Reading

Where FMLA Bonding Leave is at Issue, Unmarried Parents Have More Generous Leave Rights

The folks at the California Public Agency Labor and Employment blog yesterday raised an issue that has popped up from time to time with our own clients: When it comes to “baby bonding” leave, does the Family and Medical Leave Act provide more generous benefits for unmarried parents than it does for married parents?  In … Continue Reading

2nd Update: GINA and certification forms

Following up on our initial post and previous update regarding the new Genetic Information Nondiscrimination Act regulations (which you may wish to read first), here is what we’ve learned:  To recap, GINA prohibits employers from acquiring genetic information about employees. There are certain limited exceptions to this prohibition, one of which is for inadvertent acquisition … Continue Reading

Update: Does GINA really require you to change your certification form?

Earlier this afternoon I received a voice message from an attorney in the EEOC General Counsel’s office, suggesting that our earlier post might have gotten things wrong when we said that employers should include the new GINA “safe harbor” language in their FMLA certification forms. So far we have only been able to exchange voice … Continue Reading

GINA Rules Require New Disclosures In Requests For FMLA Certification

Employers covered by the FMLA should take note of new final regulations under the Genetic Information Nondicrimination Act (GINA) published this week by the U.S. Equal Employment Opportunity Commission (EEOC). Although the FMLA is enforced by the U.S. Department of Labor, not the EEOC, the new GINA regulations require employers who seek medical certifications in support … Continue Reading

DOL to Conduct "FMLA survery": Is More Regulatory Change on the Horizon?

On the campaign trail, then candidate Barack Obama promised to work aggressively on work-family balance if he was elected president.  In doing so, he clearly signaled a movement toward pursuing additional rights for employees to permit them to better balance their workplace duties and their personal and family lives.  This “movement,” however, has been stalled by the health … Continue Reading

Interpreting The New DOL Interpretation Of "In Loco Parentis" - Podcast No. 13

On June 22 the U.S. Department of Labor issued its first Administrator Interpretation under the FMLA, “clarifying” how the FMLA applies to requests for leave by those who provide care for a child without a biological or legal relationship to the child. In this month’s podcast, we explain what’s new in this interpretation, what isn’t, … Continue Reading

Sec. Solis Says New Interpretation Expands FMLA

Well, we stand corrected. While we said in our summary of the DOL’s new Administrator Interpretation (.pdf) on the issue of FMLA leave for those standing in loco parentis for a child that the new interpretation “arguably does not change existing law,” Secretary of Labor Hilda Solis evidently thinks that it does. Writing in the Huffington Post, … Continue Reading

US Department of Labor to Issue Broad New Interpretations of FMLA

On March 24, 2010, the U.S. Department of Labor’s Wage and Hour Division announced that it will begin issuing “Administrator Interpretations” of the statutes and regulations administered by the division, which include the Family and Medical Leave Act and the Fair Labor Standards Act. According to the announcement, these Administrator Interpretations “will set forth a … Continue Reading