Justice Declines to Lift Embargo on New Definition of Spouse for FMLA

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 […]

Read the rest of this entry »
GoTo top Top

Same-Sex Spouse Definition for FMLA on Hold

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 […]

Read the rest of this entry »
GoTo top Top

FMLA Forms Expire, Get 30-Day Reprieve

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, […]

Read the rest of this entry »
GoTo top Top

DOL Rewrites Definition of Spouse for FMLA Purposes

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 […]

Read the rest of this entry »
GoTo top Top

DOL to Increase On-Site FMLA Investigations

The Department of Labor (DOL) is ramping up on-site investigations of company Family and Medical Leave Act (FMLA) practices in an effort to uncover systemic abuse, including refusing to authorize leave and discouraging employees from taking FMLA leave. In confirming the new emphasis, Branch Chief Helen Applewhaite of the DOL called 2014 a "pivotal year […]

Read the rest of this entry »
GoTo top Top

DOL Proposes Rule to Expand FMLA to Same-Sex Couples

Secretary of Labor Thomas E. Perez announced today a proposed rule extending the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages regardless of where they live. The proposal would help ensure that all families will have the flexibility to deal with serious medical and family situations without fearing […]

Read the rest of this entry »
GoTo top Top

Federal Agencies Issue Regulatory Agendas

Quietly just before the Thanksgiving holiday, federal agencies released their upcoming regulatory agendas as required by law. Among the highlights: The Department of Labor (DOL) has issued or will issue in the next few months 24 regulations that will help implement its Plan/Prevent/Protect program, which shifts "the burden of ensuring compliance from the Department – […]

Read the rest of this entry »
GoTo top Top

DOL Issues Regulations on Same-Sex Spouse FMLA Benefits

This past Friday (Aug. 9, 2013), according to a report in the Wall Street Journal, the Department of Labor (DOL) issued regulations allowing workers in same-sex marriages to take leave from their jobs under the Family and Medical Leave Act (FMLA) to care for their spouses, provided they reside in the 13 states or the […]

Read the rest of this entry »
GoTo top Top

T.G.I. Fridays Agrees to Observe FLMA to the Letter of the Law

The Wage and Hour Division (WHD) of the Department of Labor (DOL) announced that T.G.I .Fridays, a subsidiary of Minnesota-based Carlson, has agreed to change its leave policy to be in compliance with the Family and Medical Leave Act (FMLA). The move affects employees at its 272 company-owned locations. The company has also agreed to […]

Read the rest of this entry »
GoTo top Top

New FMLA Notice Goes into Effect Today

The Department of Labor's revised Family and Medical Leave Act (FMLA) Notice goes into effect today after the publication of a new Final Rule in February. The notice is a required posting for eligible employers. The Final Rule details new leave privileges for caregivers of servicemembers and for flight crews. The new notice ships with […]

Read the rest of this entry »
GoTo top Top