February 25, 2025
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Category: Disability, Accommodations, and Leaves

Biden’s Wage and Hour Division Publishes Guidance in Final Days

In the final days of the Biden Administration, DOL’s Wage and Hour Division issued two opinion letters. WHD opinion letters are not binding on the courts, but employers may rely on them. DOL Opinion Letter FMLA 2025-01-A — FMLA interplay with state and local paid leave programs DOL Opinion Letter FMLA 2025-01-A states that an employer cannot require an employee who...
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December 04, 2024
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Category: Disability, Accommodations, and Leaves

DOL Says an Employee Has the Right To Use FMLA Leave for a Clinical Trial

An employee may use FMLA leave to participate in a clinical trial or research study to treat a serious health condition, according to a new opinion letter from the Labor Department. An eligible employee has the right to use FMLA leave because of a serious health condition. The Family and Medical Leave Act defines a serious health condition as an...
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November 11, 2024
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Category: Agency Enforcement

DOL Wage and Hour Division Again Reports Increase in FMLA Violations

The number of Family and Medical Leave Act (FMLA) cases in which the Department of Labor found a violation increased in fiscal year 2024—and for a second consecutive year—after having declined annually over the previous decade, according to data recently released by DOL’s Wage and Hour Division. This indicates that more employees are now electing to file complaints with WHD rather...
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October 28, 2024
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Category: Disability, Accommodations, and Leaves

Third Circuit Confirms Chronic Serious Health Condition Must Be Established at the Time of Leave

To qualify as having a serious health condition under the Family and Medical Leave Act, an employee must have sought periodic treatment before requesting or taking leave for a chronic condition, a federal appeals court ruled October 18, 2024, in Rodriquez v. SEPTA. In a win for employers, the U.S. Court of Appeals for the Third Circuit denied a former...
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January 29, 2024
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Category: Agency Enforcement

DOL’s Release of FMLA/FLSA Enforcement Data Shows Little Change From Previous Year

Enforcement statistics related to the Family and Medical Leave Act and the Fair Labor Standards Act do not show much change from fiscal year 2022 to fiscal year 2023, according to data published by the Labor Department’s (DOL) Wage and Hour Division (WHD). The data showed that in FY 2023, WHD closed 334 cases in which it found an FMLA...
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July 19, 2023
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Category: Disability, Accommodations, and Leaves

New DOL Opinion Letter Addresses How Holiday Impacts Weekly Leave Entitlement

The Department of Labor (DOL) has issued a rare opinion letter under the Family and Medical Leave Act (FMLA) addressing the calculation of leave used by an employee who takes less than a full week of FMLA leave during a week that includes a holiday. DOL’s letter opines that if an employee takes less than a full week of FMLA...
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June 21, 2023
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Category: Disability, Accommodations, and Leaves

Eleventh Circuit Rules No Unlawful Interference With FMLA Rights Absent Request for Leave

An employee’s failure to inform her employer that she was requesting leave under the Family and Medical Leave Act (FMLA) relieved the employer of its obligation to provide the employee with required FMLA notices, the U.S. Court of Appeals for the Eleventh Circuit ruled in Graves v. Brandstar, Inc., (11th Cir. May 9, 2023). Members of the Center for Workplace Compliance (CWC)...
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May 30, 2023
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Category: Disability, Accommodations, and Leaves

DOL Makes Available New Version of Its FMLA Rights Poster

The Labor Department recently published a new version of the poster that informs employees of their rights under the Family and Medical Leave Act. The updated poster, which can be downloaded from DOL’s website, contains a QR code that links to a DOL webpage containing information on filing a complaint. Although employers are free to use the new poster, they...
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