Last week, I had the pleasure of presenting with EEOC Commissioner Victoria Lipnic on the EEOC’s pregnancy discrimination guidance and how employers should address pregnancy accommodations in the workplace. Our presentation was part of an outstanding FMLA/ADA compliance conference hosted by the Disability Management Employer Coalition. You can access Bloomberg BNA’s coverage of our
DOL Will Not Enforce Final FMLA Regulation Regarding Same-Sex Spouses in Four States
Last week, I reported that a federal district court in Texas had halted the DOL’s enforcement of its final rule that would allow employees to take FMLA leave for their same-sex spouse.
Following that court order, the DOL now has represented that it will not enforce the rule in the four states covered by the
Texas Court Puts a Halt on DOL Enforcement of the New FMLA Rule Extending Leave Rights to Same-Sex Couples
A federal judge in Texas granted an injunction on Thursday that (for the time being) has stopped enforcement of the DOL’s final rule regarding the definition of spouse. Under the new rule, which was scheduled to take effect today, the FMLA would cover same-sex spouses if the marriage occurred in a state that
It’s March 2015. The DOL’s Model FMLA Forms Expired Just Days Ago. Now What?
On February 28, 2015, the DOL’s recommended FMLA forms expired. And on March 1, the sun still rose in the east. Life, as we know it, forged on.
It’s anyone’s guess as to when new FMLA forms will be issued, so in the meantime, I’ll hold off on belting out, in true Steve Martin fashion
DOL Issues Final Rule Extending FMLA Leave Rights to Same-Sex Couples: Here’s Everything Employers Need to Know
The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. This rule change will impact the manner in which employers administer FMLA leave, so I’ll quickly get
When an Employee Requests FMLA Leave for a Workplace Injury, Is the Employer Required to Report it as an OSHA Event?
An issue that implicates both the FMLA and OSHA? Normally, I’d yawn and take a cat nap along with you.
But this one is sufficiently interesting: If an employee returns FMLA medical certification confirming the need for FMLA leave because of a personal injury or illness, is the employer required to record the event on
Obama Administration Announces Proposed Rule Extending FMLA Leave Rights for Same-Sex Couples
The Department of Labor announced today a proposed rule that would allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. As expected, the DOL has adopted a “state of celebration” rule, in which a spousal status for
DOL Issues ERISA Guidance on Same-Sex Marriage; Is FMLA Guidance Next?
We have been sitting on the edge of our seat [ok, perhaps I’m on the seat alone] as we await the Department of Labor’s anticipated regulations interpreting how the Supreme Court’s DOMA decision impacts the definition of “spouse” under the Family and Medical Leave Act.
As you may recall, I predicted earlier this
How Can Congress Improve the FMLA? Let’s Count the Ways…
Over the past month, as we recognized the 20th Anniversary of the Family and Medical Leave Act, advocates for employees and employers have been clamoring for changes to the Act.
On one hand, employee advocates are calling for a broad expansion of the FMLA that would allow for paid leave or broader coverage (e.g.
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