Tag Archive | FMLA

WHD Expands FMLA Protections for Employees with Disabled Adult Children

On January 14, 2013, the Wage and Hour Division (WHD) of the Department of Labor published an interpretation on the definition of “son or daughter” as it applies to someone 18 years old or older and incapable of self-care because of a mental or physical disability. This means that an otherwise eligible employee will be […]

Are you using the correct FLMA Forms?

The US Department of Labor (DOL) recently posted updated versions of its model Family and Medical Leave Act (FMLA) notification and certification forms, effective through February 28, 2015. The forms do not contain any substantive changes, but the previous forms expired December 31, 2011; so, going forward, employers who use the DOL forms should begin […]

DOL offers Q&A on Workplace Pandemic Flu as it Relates to FLSA and FMLA

On November 6, 2009, the Department of Labor’s Wage and Hour Division published new guidance in the form of “Question and Answer” documents for both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) relating to the Pandemic Flu. The documents provide information on common issues when employees get the flu […]

More FMLA Amendments Imminent!

The Supporting Military Families Act of 2009 (SMFA), a part of the National Defense Authorization Act for Fiscal Year 2010 (HR 2647), will amend the Family and Medical Leave Act (FMLA) and mandate  exigency leave to all covered active duty members and expand the military caregiver provision to family members of certain former service members. […]

Can There Be Limits to Leave Policies?

Long-term leaves of absence associated with medical conditions or disabilities have confused employers for years.  Often, an employer chooses not to formally terminate an employee that has been gone for a very long time for fear they will be subject claims of retaliation under the FMLA, ADA, or state workers’ compensation statute.  As a result, […]

Pending FMLA Military Family Leave Legislation

On July 30, 2009, Senator Christopher Dodd (D-Conn) and Representative Lynn Woolsey (D-Cal) introduced legislation entitled “The Supporting Military Families Act” (S. 1543/H.R. 3403).  The legislation would extend up to 26 weeks of unpaid leave to family members of injured veterans for five years after the veteran leaves service, provided the veteran develops a service-related […]

Do you know what the Healthy Family Act says?

Recently, legislation was introduced to enact the Healthy Family Act in both the House (H.R. 2460) and the Senate (S. 1152).  The Healthy Families Act (HFA) would require public and private employers with 15 or more employees to allow employees to accrue one hour of paid sick leave for every 30 hours worked.  An employee begins […]