FMLA and Other Leaves of Absence

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On January 6, 2009 the Department of Labor (DOL) issued Opinion Letter FMLA2009-1-A to respond to a request for clarification regarding employee notification procedures under the Family and Medical Leave Act (FMLA) as discussed in the DOL’s previous Wage and Hour Opinion Letter FMLA-101 (January 15, 1999).  The DOL indicated that it was brought to its attention that some employers had interpreted Opinion Letter FMLA-101 to stand for the proposition that under the FMLA, employers were not permitted to apply their internal call-in policies or discipline employees under their no call/no show policies, provided the employees provide notice within two (2) business days that the leave was FMLA-qualifying, regardless of whether the employee could have practicably provided notice sooner.
Continue Reading DEPARTMENT OF LABOR ISSUES AN OPINION LETTER CLARIFYING AN EMPLOYER’S RIGHT TO ENFORCE ITS CALL-IN POLICIES UNDER THE FMLA

In January 2008, President Bush signed into law the expansive amendments to the FMLA which provide greater benefits to employees who have family members in the armed services. The new law became effective immediately.
On November 17, 2008, the DOL issued final regulations addressing the new military family leave as well as updating existing FMLA regulations.Continue Reading New FMLA Regulations for Military Family Leave and Other Updated FMLA Regulation