Every once in awhile, the U.S. Department of Labor rattles its saber, warning employers that it’s readying itself for aggressive enforcement investigations reviewing alleged FMLA violations.
For instance, two years ago, the DOL announced that it would ramp up FMLA audits (as well as wage and hour audits generally) against those employers in the warehouse
The questions have come in all kinds of shapes and sizes.
Q: I furloughed several of my employees in 2020. Does the time on furlough count toward their FMLA eligibility?
Q: We forced an employee to take a leave of absence when they exhibited symptoms of COVID-19, which led to a multi-week leave of absence.
Q: An employee who recently returned from FMLA leave claims that a portion of his leave of absence should not count against his FMLA entitlement because he responded to a number of work-related e-mails and telephone calls while he was out. Can we still count this time as FMLA leave?
A: I have fielded this