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The Employer Handbook BlogA Half-Hour Absence. Seven Years of FMLA Fallout.
She left work early during her pregnancy—with her supervisor’s okay. Seven years later, the court said she may have had every legal right to do so. Continue reading
Articles Posted in Family and Medical Leave
The DOL Just Relaunched Opinion Letters—Here’s Why That Matters for Employers
On Monday, June 2, the U.S. Department of Labor (DOL) announced the relaunch and expansion of its opinion letter program. This move reinstates a valuable compliance tool for employers, particularly those navigating complex wage-and-hour for Family and Medical Leave Act regulations. Continue reading
Two employees. One marriage. Half the leave? A new bill would change that.
If two employees are married and work for the same company, the Family and Medical Leave Act (FMLA) lets their employer cap their combined leave at 12 weeks. A new bill in Congress proposes to eliminate that restriction. Continue reading
There’s a new BIPARTISAN Paid Leave Proposal in Congress. Here’s What Employers Need to Know About It.
A pair of lawmakers from opposite sides of the aisle just dropped one of the most ambitious paid leave proposals in years. It won’t create a national mandate—but it could reshape the paid leave landscape for employers across the country. Continue reading
Deviation, Documentation, and the Door: When Honest Belief Meets FMLA Misuse
When employees stretch their FMLA leave beyond what’s certified, courts look closely at how employers respond. A recent case shows how solid documentation and a clear-eyed review of the facts can support a defensible termination.
FMLA: When ‘Leave’ Means ‘Stop Calling Me!’
A recent court decision serves as a stark reminder for employers: When employees take Family and Medical Leave Act (FMLA) leave, they should not be pressured to work or penalized for their absence. Continue reading
Beyond the Doctor’s Note: Tools for Validating FMLA Requests
Suppose an employer learns that an employee who claimed a serious health condition under the Family and Medical Leave Act (FMLA) faked his injury to take time off for personal business. What steps can the employer take without violating the FMLA? Continue reading
Paid Leave Jigsaw: New DOL Guidance for Employers to Fit FMLA and State Rules Together.
This week, the U.S. Department of Labor’s Wage and Hour Division issued an opinion about substituting paid leave under the Family and Medical Leave Act (FMLA) when employees take leave under state-paid family leave programs.
I’ll break it down for you. Continue reading
Join me and my friends on Wednesday, December 11 for HR Festivus. (And it’s free)
At Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like for 2025.” Come hang with us for an hour while we cover key legal updates for 2025. Our friends at HR Learns, who are hosting this event, have pre-approved our sesh for HRCI/SHRM credit, although one of you will have to supply the Festivus Pole.
Did I mention it’s free? The other HR Festivus sessions, which kick off at 11:30 a.m., are also free. You can read the full agenda here. Although I’m not holding out for Jake Paul/Mike Tyson money, watching me compete in the feats of strength will cost you. Ah, who am I kidding? HR would spit out their coffee, and Amy would beat me like Paul did Tyson.
You can register here if you’d like to attend any or all of HR Festivus, the HR holiday you didn’t know you needed.