FMLA

Memo
24-201
Wednesday, December 4, 2024

A new opinion letter expresses the Labor Department’s view that FMLA leave is available to eligible employees that participate in clinical trials, regardless of whether they receive an experimental treatment or a placebo.


Memo
24-193
Monday, November 18, 2024

In light of several recent headlines announcing significant layoffs, we thought this would be a good time to update our guide on compliant reductions-in-force.


Memo
24-189
Monday, November 11, 2024

Limited enforcement data reported by the Labor Department under the Family and Medical Leave Act show that DOL findings of violations have increased for the second year in a row.


Memo
24-180
Monday, October 28, 2024

In a win for employers, a federal appeals court has denied a former employee’s FMLA interference and retaliation claim because he did not seek certification of his chronic serious health condition in advance.


Memo
24-019
Monday, January 29, 2024

Limited enforcement data reported recently by the Labor Department under the Family and Medical Leave and Fair Labor Standards Acts covering fiscal year 2023 do not show much of a change from FY 2022.


Memo
24-013
Wednesday, January 17, 2024

Reversing a four-year downward trend, employment-related lawsuits filed in federal court increased by 9% last year, led by a 21% increase in suits filed under the Americans with Disabilities Act.


Memo
23-143
Wednesday, July 19, 2023

In a rare opinion letter issued by the Labor Department interpreting the Family and Medical Leave Act, the agency discusses how leave should be calculated when an employee is on approved leave for less than a full week that includes a holiday.


Memo
23-125
Wednesday, June 21, 2023

The appeals court found that an employee’s failure to inform her employer that she was requesting FMLA leave relieved the employer of its obligation to provide the employee with required FMLA notices.


Memo
23-106
Tuesday, May 30, 2023

The Labor Department recently published a new version of its poster informing employees of their rights under the Family and Medical Leave Act. Although employers are free to use the new poster, they can continue to meet their FMLA notice obligations


Memo
23-070
Wednesday, April 5, 2023

The Department of Labor’s Wage and Hour Division has issued its first opinion letter under the Family and Medical Leave Act, opining on how reduced schedule FMLA leave can protect an employee with a chronic health condition from having to work mandat


Memo
23-053
Monday, March 13, 2023

In conjunction with the 30th anniversary of the federal Family and Medical Leave Act, we are sharing a copy of CWC’s popular FMLA Compliance Outline, a comprehensive resource designed to assist our members in understanding the FMLA’s basic requiremen


Memo
23-035
Wednesday, February 15, 2023

The Labor Department reports that in fiscal year 2022 it resolved the fewest number of administrative complaints filed under the Family and Medical Leave Act since the law was enacted in 1993.


Memo
23-032
Tuesday, February 14, 2023

Confirming a ruling issued by the court in a similar case decided 15 years ago, the Seventh Circuit has reaffirmed that an employer can discipline an employee for abusing FMLA leave if the employer has an honest belief that abuse is occurring.


Memo
23-021
Thursday, January 26, 2023

Employment-related lawsuits filed in federal court dropped for the fourth straight year in FY 2022, with declines especially notable in ADA- and FMLA-related filings.


Memo
22-215
Thursday, November 10, 2022

The appeals court rejected plaintiff’s claim that she was fired based on the recommendation of a biased supervisor, finding that the company broke any causal chain by conducting an independent investigation and reaching the same conclusion that she s


Memo
22-150
Wednesday, August 10, 2022

MEMBER FEEDBACK REQUESTED. CWC’s most recent virtual member roundtable featured a discussion of the compliance implications of the Supreme Court’s controversial abortion ruling in Dobbs v. Jackson Women’s Health Organization.


Memo
22-134
Monday, July 18, 2022

New guidance posted recently by the Department of Labor serves as a reminder that the Family and Medical Leave Act covers serious mental health conditions as well as serious physical health conditions.


Memo
22-115
Wednesday, June 15, 2022

The court’s ruling serves as a reminder that simply discouraging an employee from using FMLA leave can be enough to support an unlawful interference claim.


Memo
22-038
Thursday, February 24, 2022

According to statistics released recently by the Department of Labor, the number of complaints it resolved that were filed by individuals under either the Fair Labor Standards Act or the Family and Medical Leave Act has gone down noticeably in recent


Memo
22-005
Monday, January 10, 2022

CWC is pleased to present the latest in our ongoing series of memos summarizing recent court rulings dealing with workplace issues that impact our members.


Comments and Testimony
20-190
Friday, September 25, 2020

Our comments to the Department of Labor on two separate “Requests for Information” seeking input on leave issues offer a number of recommendations for changes that we believe would help to mitigate some of the current compliance challenges faced by e


Memo
20-168
Friday, August 28, 2020

Late last year, Congress approved a measure that establishes a generous new taxpayer-funded benefit for employees of the federal government – namely, 12 weeks of paid parental leave. The agency that administers the program has now issued implementing


Memo
20-144
Friday, July 24, 2020

In an action that has been expected for some time now, DOL is asking for public input on whether its regulations under the FMLA can be improved. In a separate but related action, DOL wants to hear from stakeholders on the efficacy of mandated paid le


Memo
20-134
Friday, July 10, 2020

The Administration’s latest semi-annual regulatory agenda shows a surprising amount of new activity being planned by the federal agencies that enforce worker protection requirements.


Memo
20-101
Friday, May 22, 2020

There are a host of federal labor and employment laws that require employers to post notices informing employees of their rights. Our updated checklist and summary cover the employment-related poster requirements currently in effect, along with the m


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