All FMLA Forms Expire Tonight, But They’re Still Good

The seven forms and notices published by the Department of Labor (DOL) for the Family and Medical Leave Act (FMLA) expire tonight (May 31) at midnight, but a spokesperson says the documents are still good while permission for issuing newly dated versions is being obtained. According to a spokesperson, a request to reissue the forms […]

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IRS Issues FAQs on Paid FMLA Leave

The Tax Cuts and Jobs Act of 2017 opened a two-year window, from Jan. 1 this year to Dec. 31, 2019, for qualifying companies to receive a tax credit if they offer paid Family and Medical Leave Act (FMLA) time off. This month the IRS issued a set of FAQs to help explain how the […]

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DOL: Repeated Short Rest Breaks Are Not Compensable Under the FLSA

In one of three opinion letters recently published by the Department of Labor (DOL), the agency addressed the issue of whether short rest breaks — in this case, taken for 15 minutes every hour for a serious health condition — are compensable under the Fair Labor Standards Act (FLSA) and concluded that they are not. […]

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Is Extended Leave a Reasonable Accommodation under the ADA?

This week, the Supreme Court turned down a review of a ruling by the 7th U.S. Circuit Court of Appeals that extended leave under the Americans with Disabilities Act (ADA) is not a “reasonable accommodation” under the letter of the law. Two other circuit courts — the 10th and 11th — have issued similar rulings. […]

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Tax Bill Offers Credit for Paid FMLA Leave

The “Tax Cuts and Jobs Act” legislation signed this morning by President Trump includes the first federal venture into paid Family and Medical Leave Act (FMLA), as it offers a tax credit for companies that provide their employees with paid FMLA leave. The provision, encoded in tax law as “Employer Credit for Paid Family and […]

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Appeals Court Rules the ADA Is Not a Leave Entitlement

In a case involving a worker who exhausted his Family and Medical Leave Act (FMLA) 12 weeks of leave and then requested more time off under the Americans with Disabilities Act (ADA), the 7th U.S. Circuit Court of Appeals ruled that the “ADA is an antidiscrimination statute, not a medical-leave entitlement.” In Severson v. Heartland Woodcraft, Inc., the […]

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DOL Issues New FMLA Poster and Employer Guidebook

The Department of Labor (DOL) today announced that it will be issuing a newer, more user-friendly FMLA (Family and Medical Leave Act) poster, along with a guidebook for employers. The new poster can be used interchangeably with the previous version, but one or the other is mandatory if your company qualifies for FMLA leave for […]

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California Ups the Ante on Paid Family Leave

Just a week after San Francisco went all out by guaranteeing 100 percent pay for employees who take family leave for the birth of a child, the state of California is raising its contribution to the program beginning in 2018. When it kicks in, those earning close to the minimum wage will receive 70 percent […]

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DOL Issues Revised FMLA Forms with New GINA Rider

The Wage and Hour Division (WHD) of the Department of Labor (DOL) recently made updates to its Family and Medical Leave Act (FMLA) notice and medical certification forms, which now carry an expiration date of May 31, 2018. An additional update with these forms is the GINA (Genetic Information Nondiscrimination Act) Disclaimer or Instruction for Employers, […]

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DOL to Enforce FMLA Spouse Definition in All But Four States

Before the new definition of spouse for Family and Medical Leave Act (FMLA) purposes could take effect, a federal judge in Texas issued an injunction against its enforcement, but the Department of Labor has now announced that it will honor that injunction only in the four states whose lawsuit led to the order. Those four […]

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