In an August 8, 2019 opinion letter, the U.S. Department of Labor’s Wage and Hour Division (WHD) shed some light on what counts as “caring for” a family member under the FMLA. In Opinion Letter FMLA2019-2-A, the WHD found that a parent was entitled to take intermittent FMLA leave to attend a meeting at her child’s school to discuss the child’s Individualized Education Program (“IEP”). Such meetings were held four times per year and…

As Bay Area employers are well aware, San Francisco has several local employment-related ordinances that provide additional benefits to individuals performing work within the geographical boundaries of the City. One such benefit is paid parental leave. Please find the rest of this article on our California Workplace Law Blog here.…

“What did I do wrong?” and “Am I doing this correctly” are frequent questions from clients regarding FMLA administration. This is the 25th blog in this series, which digs into the FMLA regulations and related issues to address discrete mis-steps that can result in legal liability. Delaying designation of FMLA-qualifying leave or designating more than 12 weeks of leave. In a recent opinion letter, the U.S. Department of Labor (“DOL”) Wage and Hour Division clarified…

On August 5, 2019, the Department of Labor (“DOL”) published proposed revisions to the Wage and Hour Division’s Family and Medical Leave Act (“FMLA”) forms with the stated goal “to increase compliance with the FMLA, improve customer service, and reduce the burden on the public by making the forms easier to understand and use.” Many revisions are stylistic or organizational. The proposed forms have color-coded sections specific to the employee, the employer and health care…

Employers must carefully navigate Family and Medical Leave Act (“FMLA”) pitfalls when administering attendance policies.  As illustrated by the Sixth Circuit’s decision in Dyer v. Ventra Sandusky, LLC, No. 18-3802 (6th Cir. Aug. 8, 2019), one misstep can lead to potential FMLA liability. Background Dyer worked as a technician for automotive supplier Ventra Sandusky.  Dyer suffered from migraine headaches that often prevented him from working. Ventra Sandusky’s no-fault attendance policy assessed points to employees for…

Employees who take FMLA leave may be required to comply with the employer’s usual and customary notice and procedural requirements for requesting leave. If the employee does not follow these requirements, the employer may delay or deny FMLA-protected leave.  But what happens if the employer’s policy has different notice requirements for FMLA leave than for other time off?  What if the FMLA requirements are more burdensome than the requirements for non-FMLA leave? In Moore v. …

Employees in Puerto Rico may take up to 15 days of unpaid leave each calendar year to address situations related to domestic or gender-based violence, child abuse, sexual harassment in employment, sexual assault, lewd acts, or felony stalking under a new law. The new “Special Leave” is in addition to any other leave to which the employee might be entitled under law. The victim need not file a police report to be entitled to take Special…