News & Analysis as of

FMLA Certification Forms Family and Medical Leave Act (FMLA)

Parker Poe Adams & Bernstein LLP

Fourth Circuit Expands Employer Protections Against Suspected FMLA Misuse

While the Family and Medical Leave Act (FMLA) is designed to protect employees who suffer from a qualifying "serious health condition that makes the employee unable to perform the functions of" their job, its administration...more

Parker Poe Adams & Bernstein LLP

DOL Says Intermittent FMLA Leave Can Result in Permanent Schedule Change

On February 9, the U.S. Department of Labor (DOL) issued an Opinion Letter that discusses the interaction between the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), in terms of how an...more

Parker Poe Adams & Bernstein LLP

Should Employers Use FMLA Medical Certification Forms for Non-FMLA Eligible Employees?

​​​​​​​In recent discussions, a number of employers have advised us that they are providing the Department of Labor’s (DOL) Family and Medical Leave Act (FMLA) medical certification forms to employees who have disclosed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court: Employee’s Self-Serving Testimony and Discovery Responses Did Not Satisfy Burden of Proof on Summary Judgment

In Buckmaster v. The National Railroad Passenger Corp. d/b/a Amtrak, the U.S. District Court for the District of Maryland addressed whether an employee had offered any evidence of discrimination or retaliation beyond his own...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal District Court Highlights the Risk of Inaccurate and Inconsistent Communications Regarding Leaves of Absence

In Knaup v. Molina Healthcare of Ohio, Inc., (No. 2:19-cv-166) the United States District Court for the Southern District of Ohio addressed whether an employee had received an extension of time for submitting medical...more

Vinson & Elkins LLP

Good Reasons To Consider Using The DOL’s New FMLA Forms

Vinson & Elkins LLP on

Many human resources managers will admit that they don’t consistently designate FMLA-eligible leave as being taken under the FMLA, thinking that this won’t be a problem because few FMLA-covered employees actually end up...more

Perkins Coie

DOL Revises Optional-Use FMLA Forms

Perkins Coie on

In June 2020, the U.S. Department of Labor (DOL) revised the optional-use Family and Medical Leave Act (FMLA) forms available for employers to provide required notice to employees and for employees to provide certification of...more

Miles & Stockbridge P.C.

U.S. Department of Labor Provides New Forms, Answers New Questions and Seeks Public Comment Regarding the Family and Medical Leave...

New Optional-Use FMLA Forms - On July 16, 2020, following a period of public comment, the DOL published new optional-use FMLA forms. The forms were revised by the DOL to make them easier to understand and use....more

Dentons

HR Quick Takes: FMLA Certification Costs

Dentons on

Q: My employee tells me the doctor will charge her $50 to complete an FMLA certification. Do I have to pay that?...more

Dentons

HR Quick Takes: FMLA Certification

Dentons on

Q: How long does an employee have to return FMLA certification? A: The employee has 15 calendar days to return medical certification to qualify for FMLA unless with “diligent” and “good faith” efforts the employee cannot do...more

Ballard Spahr LLP

DOL Seeks to Improve Employers’ FMLA Forms

Ballard Spahr LLP on

The Department of Labor (DOL) published a notice seeking comment on proposed revisions to its Wage and Hour Division’s optional-use forms that employers often use to implement the Family and Medical Leave Act (FMLA)....more

FordHarrison

New FMLA Forms Available from Department of Labor

FordHarrison on

The U.S. Department of Labor (DOL) released new Family and Medical Leave Act (FMLA) notices and certification forms on September 4, 2018. ...more

Cozen O'Connor

Updated FMLA Forms with the Class Syllabus

Cozen O'Connor on

On September 4, 2018, the U.S. Department of Labor Wage and Hour Division rolled out “updated” FMLA compliance forms and, despite containing no substantive changes, if your company uses the model FMLA forms, these new forms...more

Franczek P.C.

BREAKING: Get Your New FMLA Forms from the DOL Here!

Franczek P.C. on

Those sneaky little rascals! While the rest of us were enjoying our Labor Day holiday, those crazy kids over at the Department of Labor were still working away. Bless their little hearts! This time, they were busy posting new...more

Parker Poe Adams & Bernstein LLP

Employee's Failure to Provide FMLA Medical Certification Does Not Preclude Later Leave Request

What should a Human Resources Department do in the following circumstance? An employee requests family and medical leave to care for a child with a serious health condition and is provided DOL forms, including the medical...more

Akerman LLP - HR Defense

The Challenges of Poor FMLA Certifications

Did that FMLA certification arrive illegible? Is the information provided too vague? Are the responses to the questions internally inconsistent? Do you suspect that it wasn’t filled out by a healthcare provider at all?...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The CFRA Amendments: How to Prepare Your Organization

On March 4, 2015, the California Fair Employment and Housing Council approved updates to the California Family Rights Act (CFRA) regulations. These updates, which took effect on July 1, 2015, clarify certain CFRA provisions...more

Bradley Arant Boult Cummings LLP

Third Circuit Expands FMLA Interpretation

In Deborah Hansler v. Lehigh Valley Hospital Network, the United States Court of Appeals for the Third Circuit overturned a motion to dismiss granted to Lehigh Valley based on FMLA regulations and its interpretation regarding...more

Kelley Drye & Warren LLP

A Cautionary FMLA Tale: “Let Them Fix It Before Firing” Must Employees Now Be Allowed to Cure Deficient Medical Certifications?

Compliance with the Family Medical Leave Act (“FMLA”) is a daily challenge for employers, as more and more employees seem to take advantage of the right to full and intermittent leave. I often see clients jump to hasty...more

Hinshaw & Culbertson LLP

DOL Issues Updated FMLA Certification Forms

The U.S. Department of Labor recently issued updated health care provider certification forms for employers to provide employees who request leave pursuant to the Family and Medical Leave Act. The new forms include the...more

Miller Canfield

DOL Revises Forms to Comply With EEOC Guidance Regarding GINA

Miller Canfield on

The U.S. Department of Labor (DOL) has issued five new Family Medical Leave Act (FMLA) certification forms. When the DOL issued its March 2013 revision to the FMLA regulations, its primary purpose was to address the...more

Blank Rome LLP

Department of Labor Issues New FMLA Forms

Blank Rome LLP on

Action Item: The Department of Labor’s release of new model Family and Medical Leave Act notice and certification forms serves as an important reminder that all covered employers should periodically review their FMLA...more

Franczek P.C.

Employer's Lack of FMLA Compliance in Handling FMLA Leave Request is a Lesson for the Rest of Us

Franczek P.C. on

Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process?  Let me warn you — what you are about to read is not pretty and not for the faint of heart....more

Fenwick & West LLP

Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email

Fenwick & West LLP on

A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance of not simply following rote notice procedures, but ensuring such communications...more

Akerman LLP - HR Defense

FMLA & Medical Certification: When Does An Employer Have A "Reason to Doubt"?

Given the financial and administrative costs that FMLA continues to impose upon employers, HR managers are consulting with counsel to determine what tools are available to ensure that those who truly need FMLA leave are able...more

30 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide