News & Analysis as of

Paid Time Off (PTO) Family and Medical Leave Act (FMLA) Department of Labor (DOL)

McAfee & Taft

Employer do’s and don’ts for applying accrued PTO to FMLA leave

McAfee & Taft on

The Family and Medical Leave Act (FMLA) allows eligible employees working for covered employers to take up to 12 weeks of unpaid, protected leave during a 12-month period for absences resulting from covered family or medical...more

BakerHostetler

DOL Advises that Employers Cannot Require Use of PTO when Employees Are on FMLA Leave and Receiving Paid Statutory Benefits

BakerHostetler on

On Jan. 14, just days before the change in administration, the U.S. Department of Labor (DOL) issued an opinion letter regarding the Family and Medical Leave Act (FMLA) substitution rule, clarifying that employers cannot...more

Davis Wright Tremaine LLP

Critical Compliance Note for Employers in States With Paid Family or Medical Leave

As we know, employers covered by the Federal Family Leave Act ("FMLA") must provide their qualifying employees unpaid protected FMLA leave. In many instances, employers require employees taking FMLA leave to use accrued and...more

Kramer Levin Naftalis & Frankel LLP

DOL: Employers Cannot Mandate Use of PTO Concurrently With FMLA Leave When Employee Is Receiving Pay From a State or Local Family...

On Jan. 14, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued an opinion letter stating that employers may not require, and employees may not unilaterally elect, to use accrued employer-provided...more

ArentFox Schiff

Navigating New DOL Opinion Letters: Implications for Tip Pooling and Coordinating Paid Family Leave Benefits With FMLA Leave

ArentFox Schiff on

On January 14, the US Department of Labor’s (DOL) Wage and Hour Division (WHD) published two opinion letters, FLSA2025-1, which addresses tip pooling under the Fair Labor Standards Act (FLSA), and FMLA2025-1-A, which provides...more

Bowditch & Dewey

Recent Shifts in Wage and Hour Law – Paid Time Off During FMLA Leave and Exempt Employee Status Challenges

Bowditch & Dewey on

January brought two legal updates in the wage and hour space. Read on! PROHIBITING THE MANDATORY USE OF PAID TIME OFF DURING CERTAIN FMLA LEAVES - On January 14, 2025, the U.S. Department of Labor’s Wage and Hour...more

Amundsen Davis LLC

FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of Labor Guidance for Employers Tries to Answer Tricky...

Amundsen Davis LLC on

As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators...more

Littler

DOL Issues Opinion Letter on Applicability of the FMLA Substitution Rule When Employee on FMLA is Receiving PFML Benefits

Littler on

On January 14, 2025, the Department of Labor issued an Opinion Letter regarding the applicability of the Family and Medical Leave Act (FMLA) substitution rule when an employee on FMLA leave is receiving state or local paid...more

Proskauer - Law and the Workplace

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more

Bradley Arant Boult Cummings LLP

Holiday Road! DOL Weighs in on Tracking FMLA Time Against Holidays

Tracking intermittent FMLA time — it’s every HR professional’s favorite thing to do. Do you come up with a total number of hours per employee or just count portions of the workweek? What do you do if an employee takes...more

Rumberger | Kirk

Employer Obligations in Disaster Response

Rumberger | Kirk on

Every region around the world is at risk of experiencing extreme weather events, whether it is tornadoes, wildfires, winter storms, hurricanes, tropical storms, floods, earthquakes or volcanoes. Aon estimated that natural...more

Dentons

Special Shift Assignments and the FMLA

Dentons on

In 2021, as everyone begins to hope that the world will shift back to normal after the chaos of COVID-19, many employers are finding that they have no workers to fill open positions as they ramp up production and expand...more

Epstein Becker & Green

Update: Colorado Issues Clarifying Rules on Public Health Emergency Paid Sick Leave

Epstein Becker & Green on

As we previously reported, Colorado’s latest paid sick leave law, the “Healthy Families and Workplaces Act” (“Act”), was signed by Governor Jared Polis on July 14, 2020, requiring employers in the state to provide paid sick...more

Dentons

Don’t Let the Door Hit You on the Blank on the Way Out: Skipping the Notice Period

Dentons on

Every HR manager has had that moment where they’re trying to decide whether or not to waive a notice period for an employee who is terminating. Many also have a trickle of doubt about the repercussions waiving the notice...more

Fisher Phillips

Telemedicine Visits Count Towards FMLA Time Under New Labor Department Guidance

Fisher Phillips on

The U.S. Department of Labor just confirmed that employees who seek medical treatment via telemedicine visits could qualify for leave under the Family and Medical Leave Act (FMLA) into the new year – and perhaps beyond. While...more

PilieroMazza PLLC

To Offer or Not to Offer FFCRA Leave?

PilieroMazza PLLC on

Earlier this month we reported that under the latest stimulus bill, the Families First Coronavirus Response Act (FFCRA) mandatory leave requirements expire on December 31, 2020. However, the bill, which was signed into law on...more

Dentons

HR Quick Take: FMLA or FFCRA?

Dentons on

Q: I have an employee who plans to go out on leave for surgery but has been told by his physician he has to quarantine for five days prior to surgery because of COVID-19. Is this leave covered under the Emergency Paid Sick...more

PilieroMazza PLLC

Emergency Sick Leave Policy: Top 5 Measures to Defend Against a DOL Investigation

PilieroMazza PLLC on

Companies across the country are still struggling to understand and implement the emergency sick and family leave imposed by the Families First Coronavirus Response Act (FFCRA).  The U.S. Department of Labor’s Wage and Hour...more

Bond Schoeneck & King PLLC

The U.S. Department of Labor Issues Revised FFCRA Regulations in Response to District Court Decision

On September 11, 2020, the United States Department of Labor ("USDOL") issued revisions to the Temporary Rule it issued on April 1, 2020, implementing the employee leave provisions of the Families First Coronavirus Response...more

Poyner Spruill LLP

USDOL Revises Regulations Under the Families First Coronavirus Response Act

Poyner Spruill LLP on

The DOL released new regulations revising the temporary rule implementing the Families First Coronavirus Response Act (“FFCRA”).  The new regulations are effective September 16, 2020, through December 31, 2020, and are in...more

Epstein Becker & Green

DOL Reaffirms, Revises, and/or Clarifies the FFCRA Rule Provisions Invalidated by Federal Court

Epstein Becker & Green on

The U.S. Department of Labor (“DOL”) has responded to last month’s court decision striking down several significant provisions of its temporary rule (“Rule”) interpreting the paid sick and expanded family and medical leave...more

Ballard Spahr LLP

FFCRA Updates - September 2020 #2

Ballard Spahr LLP on

NOTE: On August 3, 2020, a New York federal court invalidated four provisions of the U.S. Department of Labor’s regulations related to the Families First Coronavirus Response Act (H.R. 6201) (FFCRA or Act). Our alert on this...more

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

Families First Coronavirus Response Act: DOL Gets Back on the Rail

On September 11, 2020, the U.S. Department of Labor (DOL) partially ended the mystery of when and how it would respond to the August 3, 2020, decision from the United States District Court for the Southern District of New...more

Williams Mullen

DOL Doubles Down on its COVID-19 Leave Guidance for the Most Part, the “Old” Normal is Again the “New” Normal

Williams Mullen on

The U.S. Department of Labor (DOL) has addressed in regulatory fashion the uncertainty over who is entitled to leave under the Families First Coronavirus Response Act (FFCRA). A New York federal judge created the uncertainty...more

Ballard Spahr LLP

FFCRA Updates - September 2020

Ballard Spahr LLP on

NOTE: On August 3, 2020, a New York federal court invalidated four provisions of the U.S. Department of Labor’s regulations related to the FFCRA. The four provisions vacated by the court are the “work availability”...more

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