Tag Archives: Regulatory Activity

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

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

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

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
LexBlog