Tag archives: FMLA

US: DOL issues guidance on coronavirus paid leave rule and clarifies coverage for stay-at-home orders

On April 1, 2020, the US Department of Labor (DOL) issued a temporary rule providing key guidance on paid leave under the Families First Coronavirus Response Act (FFCRA). The rule clarifies that employees covered under a federal, state or local stay–at-home order may be eligible for paid FFCRA leave but only if work or telework is available. The rule also provides detailed guidance on teleworking, the small business exemption, required documentation and a number of other points.  For more information, see our legal update, US: DOL issues key federal paid leave rule, extends leave to certain employees under stay-at-home ordersContinue Reading

US DOL issues new guidance on COVID-19 paid sick and family leave

The US Department of Labor (DOL) issued guidance which answers a number of key questions on the new federal coronavirus paid sick leave and emergency Family and Medical Leave Act leave, including when the law takes effect, how to count employees for purposes of the 500-employee threshold, how to treat related employers and other key questions. The DOL also issued model paid sick leave posters and announced limited amnesty for violations through April 17th.  For more information, read US DOL answers questions on new federal sick and family leave, issues new posters and announces limited amnesty and see our chart Continue Reading

US: New key COVID-19 employment and labor issues

COVID-19, the 2019 novel coronavirus (“COVID-19” or the “coronavirus”) continues to stress US employers attempting to prevent the disease from spreading in their workplaces while continuing to operate effectively. With each passing day, health authorities provide more information about the spread of the disease and federal, state and local governments impose additional restrictions that impact businesses, their employees and their customers/clients. As the commercial and social environment rapidly changes, we are continuing to address a wide variety of labor and employment issues arising from those changes. We address some of those basic issues in US: Critical COVID-19 labor and employment Continue Reading

United States federal coronavirus law requires some employers to provide paid leave

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA), which provides relief to families and workers facing the global coronavirus pandemic.

The FFCRA provides: (1) free diagnostic testing for coronavirus; (2) food assistance to low-income pregnant women and mothers with young children, food banks, seniors and students; (3) increased federal assistance to state Medicaid programs; (4) enhanced unemployment assistance to affected workers; and (5) paid sick leave and emergency federal Family and Medical Leave Act (FMLA) coverage to certain employees and individuals.

See US: New federal coronavirus response act provides paid leave requirements Continue Reading

DOL issues new opinions on FMLA and FLSA

Key opinion letter allows FMLA leave for voluntary organ donation

Earlier this week, the U.S. Department of Labor (“DOL”) issued six advisory opinion letters on various Family and Medical Leave Act (“FMLA”) and Fair Labor Standards Act (“FLSA”) issues.  From time to time, opinion letters such as these are issued to provide legal guidance to employers.

The DOL opinion letter likely to be of most interest to US companies is the one that addressed whether an employee in good health who voluntarily chooses to undergo organ donation surgery could use FMLA leave for post-operative care.  See FMLA2018-2-A. The DOL … Continue Reading

Employers must provide Family Medical Leave Act benefits to same-sex married couples starting March 27, 2015

On March 27, 2015, employers must provide FMLA benefits to same-sex couples who are legally married regardless of whether the employee lives in a state that recognizes same-sex marriage.

What is the FMLA?

The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. More specifically, eligible employees may take up to 12 workweeks of FMLA leave in a 12-month period for the following reasons:

  • for the birth of the employee’s child and for newborn care;
  • for the placement of a child with the employee for adoption or foster care;
  • to care for the employee’s
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