FMLA

A Refresher on the Interaction of PTO with the FMLA
April 21, 2025
Overshadowed by the turmoil and turnover at the Department of Labor, the Department recently issued an opinion letter on how the Family and Medical Leave Act’s leave requirement for 12 weeks of unpaid leave interplay with state and local leave laws, as well as an employer’s own paid leave policies.
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Interplay Between FMLA and State or Local Family and Medical Leave Programs
February 3, 2025
The Department of Labor Wage and Hour Division issued an opinion letter stating that employers are not permitted to require employees to use accrued employer-provided paid leave benefits during a designated FMLA leave when the employee is also receiving benefits from a state or local family and medical leave program.
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Massachusetts: When are Remote Employees Eligible for FMLA and/or Paid Family and Medical Leave?
January 29, 2025
Private-sector employers that increasingly have been approving remote work for their employees have wondered whether they remain “Covered Employers” under the federal Family Medical Leave Act and whether their out-of-state employees are still eligible for FMLA leave.
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Massachusetts Supreme Judicial Court Issues Important Decision on Paid Family and Medical Leave
September 19, 2024
Last week, the Massachusetts SJC issued its first decision interpreting language in the state Paid Family and Medical Leave law.
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Little-Known FMLA Facts, Part 2: Lesser-Known FMLA Traps
February 4, 2024
This is the second installment of a two-part series on little-known FMLA facts.
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Little-Known FMLA Facts, Part 1: Under-Utilized FMLA Tools
January 31, 2024
This is the first installment of a two-part series on little-known FMLA facts. Today’s installment covers under-utilized FMLA tools.
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At-Will Employment Is a Fairy Tale…
November 23, 2023
Once upon a time, employees in all states but Montana were presumed to be employed at-will, absent some sort of employment agreement (e.g. individual contract for a term, a collective bargaining agreement, policies that contemplate termination for cause, etc.).
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(Not Terribly Useful) Guidance from the DOL on the FMLA and Holidays
May 29, 2023
Opinion letters from the U.S. Department of Labor are pretty unusual, so I get really excited when they issue one.
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Washington’s Long-Term Care Tax Deductions Start July 1, 2023
May 23, 2023
In a bad case of déjà vu, employers are reminded to start withholding a 0.58% premium tax on their Washington employees effective July 1, 2023.
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New Federal FMLA Poster Released by DOL
May 17, 2023
In April 2023, the U.S. Department of Labor released an updated workplace poster summarizing the significant provisions of the Federal and Medical Leave Act and explaining to employees how to file a complaint.
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Menstrual Leave Redux
May 11, 2023
As reported by the Society for Human Resource Management, Spain has recently passed a law that provides menstrual leave, which will be paid by the government at 75% of the employee’s covered earnings out of Social Security.
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Conflict Between Oregon Family Leave Act and Paid Family Leave Creates Heartburn for Employers
April 10, 2023
Oregon employers (and their attorney advisors!) are experiencing various degrees of heartburn as they struggle to revise leave policies, employee handbooks, and sometimes collectively bargained agreements, in order to account for Oregon’s new Family and Medical Leave Insurance program that will start paying benefits September 3, 2023.
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