News & Analysis as of

Family and Medical Leave Act (FMLA) Wage and Hour Paid Time Off (PTO)

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

Fisher Phillips

5 Ways to Support Employees in the Sandwich Generation Managing Child and Elder Care

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It’s hard enough to juggle a career and childcare responsibilities — but many employees with young children also have aging parents who need their help, too. Expenses, time constraints, emotional decision-making, 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

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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...

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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

Jackson Lewis P.C.

Maine Paid Family and Medical Leave Program Update: Labor Department Releases Finalized Rules

Jackson Lewis P.C. on

On December 4, 2024, the Maine Department of Labor (DOL) adopted finalized rules for the Maine Paid Family and Medical Leave Program (PFML). This rulemaking follows the Maine Legislature’s passage of the new law in 2023....more

Amundsen Davis LLC

The Do’s and Don’ts of Intermittent Leave Under the Family and Medical Leave Act

Amundsen Davis LLC on

Intermittent leave can pose logistical issues for employers trying to ensure consistency in business operations. Family and Medical Act Leave Act (FMLA) leave is most often taken as "block leave"—i.e., uninterrupted days,...more

Poyner Spruill LLP

Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

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The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more

International Lawyers Network

Paid Leave

The following paper aims to succinctly address the question "Under what circumstances is an employee entitled to paid leave?” This guide offers an overview of legal aspects of paid leave in the requisite jurisdictions....more

Jackson Lewis P.C.

Paid Leave Oregon Benefits Available Starting September 3, 2023

Jackson Lewis P.C. on

More than four years since the passage of Oregon’s Paid Family Medical Leave Act into law, paid leave benefits will finally be available to Oregon employees starting September 3, 2023. Applications for benefits, toolkits and...more

Amundsen Davis LLC

Illinois Paid Leave – The When, What, Who, and How that Every Employer Needs to Know

Amundsen Davis LLC on

It is almost certain that Governor Pritzker will sign the Paid Leave for All Workers Act (Act) passed on January 10, 2023. The Act is littered with potential pitfalls for employer policies and practices regarding attendance,...more

Littler

An Employer’s Guide to New York State’s New Lawful Absence Law

Littler on

On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees...more

McAfee & Taft

Facebook Messenger for FMLA leave requests? Maybe.

McAfee & Taft on

The attendance policy - Gestamp West Virginia, LLC manufactures auto parts in South Charleston, West Virginia. Under Gestamp’s attendance and leave policies, employees must notify their group leader at least 30 minutes...more

Littler

New California “Designated Person” Standards Could (Further) Complicate Leave Administration

Littler on

On September 29, 2022, California’s governor signed Assembly Bill (AB) 1041, which, beginning January 1, 2023, expands the definition of a “family member” under the California Family Rights Act (CFRA) and California’s Healthy...more

Littler

Colorado Issues First Round of Regulations and Guidance on its Paid Family and Medical Leave Insurance (FAMLI) Program

Littler on

In 2020, Colorado enacted a statewide paid family and medical leave insurance program, following roughly a dozen states that have adopted similar programs in recent years. Since that time, the state has been building a new...more

FordHarrison

Maryland is the Latest State to Pass Paid Family and Medical Leave

FordHarrison on

Executive Summary: On April 9, 2022, Maryland joined nine other states in providing some form of paid family and medical leave covering private employers. After the Time to Care Act 2022, SB 275, (the “Act”) passed both...more

Littler

Maryland Enacts a Paid Family and Medical Leave Program

Littler on

On April 9, 2022, the Maryland legislature voted to override Governor Lawrence J. Hogan’s veto of the Time to Care Act of 2022 (SB 275/HB8), passing it by a 30-16 vote in the Senate and by a 94-44 vote in the House. Maryland...more

Polsinelli

Maryland Enacts New State Paid Family and Medical Leave Entitlement

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Maryland recently joined nine other states (and the District of Columbia) in providing employees in the state with a right to paid family and medical leave.  Although employer contributions to the paid family and medical...more

Polsinelli

D.C. Enacts Paid COVID-19 Vaccine Leave and Extends Public Health Emergency Leave Under DC FMLA

Polsinelli on

On November 18, 2021, District of Columbia Mayor Muriel Bowser signed the “COVID Vaccination Leave Emergency Amendment Act of 2021” (the “Act”). The Act applies to nearly all private employers with employees in the District....more

McAfee & Taft

As pandemic drags on, employers should prepare for challenges facing working parents

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Incredibly, COVID-19 has now impacted a third school year. Working parents were previously able to rely on the federal Families First Coronavirus Response Act (FFCRA) to take leave in the event of school closures and/or...more

Farrell Fritz, P.C.

LICP Talks Labor & Employment: New York State Paid Family Leave

Farrell Fritz, P.C. on

Whether managing a disability leave of absence, providing parental leave, or classifying time out of the office as paid sick, employers face a complex web of laws and obligations that impact employee morale, productivity and...more

Dentons

Special Shift Assignments and the FMLA

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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

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