Late yesterday afternoon, the Department of Labor issued an initial question and answer guidance aimed at helping employers administer emergency paid sick leave (EPSL) and paid FMLA leave (FMLA+) as part of the Families First Coronavirus Response Act (pdf), which aims to provide initial relief to American workers in the wake of the coronavirus pandemic.
DOL initiatives
IRS, DOL Announce Plan for Employers to “Swiftly” Recover the Cost of Providing Coronavirus-Related Leave to Employees
After passage last week of the Emergency paid sick leave and paid FMLA law, employers have been clamoring for guidance on the timing of reimbursement by the federal government for any paid leave they provide their employees after the law goes into effect on April 2, 2020. In fact, many employers have had to…
Are the DOL’s Proposed New FMLA Forms Just Another Version of Hamburger Helper?
Contrary to popular opinion, the biggest news lately out of the U.S. Department of Labor is not the fact that the agency just this week announced a final rule that would make over one million American workers newly eligible for overtime pay.
Oh, no way!
Why worry about minimum wage and overtime issues when the…
DOL Declares That Parent Attendance at School IEP Meetings Are Covered by the FMLA
If I gave you a million tries, you’d never guess that the next Department of Labor FMLA opinion letter would answer the question [wait for it . . .]: Is an employee’s attendance at a child’s IEP meeting covered by the FMLA?
The Answer? Yes. Most definitely, yes.
In an opinion…
Next Time Your Employee Requests FMLA Leave, Choose Sincerity with a Touch of Empathy
When it comes to administering FMLA, I’ll admit — I have grown cynical and hardened. Like a doctor who becomes desensitized to blood and guts, I, too, have become desensitized to an employee’s antics while on FMLA leave.
Taking FMLA leave for a beach vacation, you say? Sounds likely. Caring for your dying mother when,…
On This 25th Birthday of the FMLA, An Open Letter to Employers, Employees and the DOL

Happy 25th birthday, FMLA!
As you might imagine, there may not be a more exciting day for me all year. After all, there is only one…
Can an Employee take FMLA Leave to Care For a Sibling? Before You Say “No,” Read This

I love my brother dearly. I love my sister just as much.
And whenever we near the end of life’s journey (a long time from now, of course), I’ll be there to care for them. And they, for me, despite…
DOL Continues to Warn Employers of Investigation of Systemic FMLA Issues
Earlier this month, I had the pleasure of presenting on complex FMLA issues at the American Bar Association’s Annual Labor and Employment conference. During the session, entitled “The FMLA 20 Years Later,” we covered key FMLA notice and medical certification issues and other difficult FMLA scenarios.
Notably, one of my co-panelists,…
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…
New DOL FMLA Branch Chief: Expect Even More On-Site FMLA Investigations and Focus on Systemic FMLA Compliance Issues
This past December, the Department of Labor quietly turned its FMLA enforcement over to a new leader. After the retirement of FMLA Branch Chief Diane Dawson, who led the DOL’s FMLA enforcement for several years, the DOL turned to longtime DOL FMLA policy guru Helen Applewhaite to head up the agency’s FMLA efforts. (DOL doesn’t…