Archive for the ‘FMLA’ Category

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

After Justice Reed O’Connor placed a temporary injunction on the new definition of spouse for purposes of Family and Medical Leave Act (FMLA) leave, the Department of Justice (DOJ) quickly moved to ask for the block to be lifted. On Friday, Texas Attorney General Ken Paxton, whose office initiated the lawsuit resulting in Judge O’Connor’s […]

We spoke too soon, as a U.S. district judge in Texas has placed a temporary hold on the new definition of spouse for FMLA purposes, contrary to our earlier report below. The hold arises from a lawsuit filed by attorneys general in Texas, Arkansas, Louisiana and Nebraska, which argues that the new definition violates the […]

Due to the Paperwork Reduction Act of 1995, government forms must be submitted to the Office of Management and Budget (OMB) for approval and then resubmitted every three years. The Department of Labor (DOL) forms for the Family and Medical Leave Act (FMLA) all expired this past Saturday, Feb. 28, after their three-year approval period, […]

Workers in legal, same-sex marriages, regardless of where they live, will now have the same rights as those in opposite-sex marriages to federal job-protected leave under the Family and Medical Leave Act (FMLA) to care for a spouse with a serious health condition, following a rule issued by the Department of Labor (DOL). The Labor […]