FMLA Tag

Legal Update Header An employee working a “one week on, one week off” schedule who takes 12 workweeks of federal Family and Medical Leave Act (FMLA) leave may be required to return to work 12 weeks later, a federal appeals court has held.

In Scalia v. State of Alaska, the 9th Circuit Court of Appeals found that an employer may count both “on” and “off” weeks against the FMLA leave entitlement of an employee on a rotating schedule. Ninth Circuit decisions apply in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. The opinion was issued Jan. 15, 2021.

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On Dec. 29, 2020, the U.S. Department of Labor (DOL) published Field Assistance Bulletin 2020-8 to provide enforcement guidance regarding the use of telemedicine when establishing a serious health condition under the Family and Medical Leave Act (FMLA).

FMLA Eligibility

FMLA job protections are available to eligible employees who need to take time off work due to their own serious health condition or the serious health condition of a spouse, child or parent.

Legal Update HeaderThe U.S. Office of Personnel Management (OPM) has published an interim final rule to implement the Federal Employee Paid Leave Act (FEPLA), which provides 12 weeks of paid parental leave to certain federal employees covered by the Family and Medical Leave Act (FMLA).

The rule takes effect Oct. 1, 2020, the same date leave benefits become available under FEPLA.

HR Insights Blog HeaderIn response to the coronavirus (COVID-19) pandemic, states have passed new laws and issued new regulations and guidance about employee leave taken for COVID-19 reasons.

These provisions are in addition to the federal Emergency Paid Sick Leave and Emergency Family and Medical Leave Expansion requirements passed on March 18 as part of the Families First Coronavirus Response Act (FFCRA).

Legal Update HeaderOn July 20, 2020, the U.S. Department of Labor (DOL) announced the agency’s publication of additional guidance on applying federal employment laws in the context of the COVID-19 pandemic.

The guidance is in the form of questions and answers added to sets of Q&As the agency issued earlier in the year about the operation of the federal Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA) and the Families First Coronavirus Response Act (FFCRA) in workplace situations involving COVID-19.

Legal Update HeaderThe U.S. Department of Labor (DOL) has issued a Request for Information (RFI) about federal Family and Medical Leave Act (FMLA) regulations. The RFI, released July 16, 2020, invites interested parties who have knowledge of or experience with the FMLA to submit comments, information, and data on the effectiveness of the regulations in meeting the objectives of the statute.

This presentation covers return to work considerations and includes additional resource recommendations. Covering the issues and action steps business leaders may wish to consider, while navigating through this new COVID-19 environment. Topics Include: Pandemic & Infectious Disease Preparedness and Response Office Re-Openings and Updated Workplace Layouts ...