DOL, WHD - Clarification of the definition of “son or daughter” under Section 101(12) of the Family and Medical Leave Act (FMLA) as it applies to an employee standing “in loco parentis” to a child. (June 22, 2010) resource Agency Guidances
Administrator's Interpretation No. 2010-3:
U.S. Employment/Labor: Leave of Absence Domain Supplement resource Standards and Guidelines OCEG Reviewed
This Supplement addresses the risks and compliance issues that arise when an employer must make decisions about granting leave to employees. Use this Supplement in conjunction with use of the OCEG GRC Capability Model (Red Book) to ensure complete understanding and application of its contents.
DOL, Revised Final Regulations Under the Family and Medical Leave Act resource Agency Web Sites OCEG Reviewed
The Department of Labor’s Wage and Hour Division (WHD) Website on the revisions to the Family and Medical Leave Act (FMLA) Regulations.
DOL, Title I of the FMLA, as amended by the National Defense Authorization Act for FY 2008 resource National Laws OCEG Reviewed
On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181.
DOL, Family and Medical Leave Act and National Defense Authorization Act for FY 2008 resource Agency Guidances OCEG Reviewed
On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181.
An Employer's Guide to Employee Leave-Sharing Programs (2007) resource Articles Member contributionOCEG Reviewed
A popular, and altruistic, employee benefit some employers provide is a leave-sharing program. An employer-sponsored leave-sharing program allows an employee to donate accrued hours of paid vacation, or personal and potentially sick leave for the benefit of other employees who are in need of taking more leave than they have available.
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Employers' Legal Obligations to Employees in the Military, The (2007) resource Articles Member contributionOCEG Reviewed
This article is intended to bring to the attention of employers the legal obligations they have to employees who have been called to active military duty or who are members of the United States National Guard or Reserves. For example, what obligations, if any, does an employer have to re-employ a veteran in the position they held prior to being called to active duty? What if doing so displaces another employee or results in hardship for the employer?
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Fourth Circuit Rejects DOL Argument That Employees Can Waive FMLA Claims (2007) resource Articles Member contributionOCEG Reviewed
Rejecting the Labor Department's argument that its regulation providing that employees cannot waive their rights under the Family and Medical Leave Act bars only the prospective waiver of FMLA rights, a divided panel of the U.S. Court of Appeals for the Fourth Circuit July 3 ruled that the plain language of the regulation precludes both the prospective and retrospective waiver of all FMLA rights, including claims for past violations (Taylor v. Progress Energy Inc., 4th Cir., No. 04-1525, 7/3/07).
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Evaluating Eligibility for FMLA Leave: Federal Case Law Underscores the Need for Informed Decision Making (2006) resource Articles Member contributionOCEG Reviewed
22 The Labor Lawyer No. 1 (Summer 2006)
The federal Family and Medical Leave Act (FMLA) affords eligible employees the right to take job-protected leave for up to twelve workweeks. The Act defines the term “eligible employee” as an employee who has been employed for at least twelve months and worked at least 1,250 hours in the past twelve months.
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State Family and Medical Leave Laws, NCSL resource State / Provincial Laws Member contributionOCEG Reviewed
National Conference for State Legislatures: The federal Family and Medical Leave Act of 1993 requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to employees for a serious illness or to care for a child, spouse or parent. A number of states -- both before and since the federal act -- have passed similar protections that may apply to more workers than the federal law, differ in the terms of unpaid leave that are required, and provide more specific or additional types of unpaid leave.
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