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
On This 25th Birthday of the FMLA, An Open Letter to Employers, Employees and the DOL
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
E
arlier 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
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
DOL Updates Guidance on FMLA and Same-Sex Marriage
Of course, this kind of stuff happens while I’m on vacation and away from my computer. Last week, the Wall Street Journal created a bit of an uproar when it reported that the Department of Labor had just issued “regulatory guidance to affirm that same-sex married couples can take a leave from their jobs to care
Take 2: Does Annual FMLA Certification First Require an Employee’s Absence?
The feedback from last week’s blog post on annual FMLA certification came fast and furious. Most of it was complimentary (thank you!), but several of my fellow FMLA nerds raised an interesting issue. They noted that the FMLA regulation covering “annual” certifications does not specifically state that the certification in the new FMLA
DOL Busts Employer for Requiring Annual Medical Certification without Leave Request
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
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.