Leave of Absence

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.

Employment/Labor (U.S.) group

Welcome to the U.S. Employment & Labor community group. This group addresses all GRC issues that arise for companies that must address employment and labor requirements and risks in the United States. In addition, there are several community groups that address specific aspects of employment as they arise both in the U.S. and globally.

Description: This group addresses compliance and risk issues related to all aspects of U. S. employment and labor law.

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.

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?

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).

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.

OCEG | Open Compliance and Ethics Group

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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

U.S. Employment/Labor: Leave of Absence Domain Supplement resource Standards and Guidelines OCEG Reviewed

Employment/Labor (U.S.) group

DOL, Revised Final Regulations Under the Family and Medical Leave Act resource Agency Web Sites OCEG Reviewed

DOL, Title I of the FMLA, as amended by the National Defense Authorization Act for FY 2008 resource National Laws OCEG Reviewed

DOL, Family and Medical Leave Act and National Defense Authorization Act for FY 2008 resource Agency Guidances OCEG Reviewed

An Employer's Guide to Employee Leave-Sharing Programs (2007) resource Articles Member contributionOCEG Reviewed

Employers' Legal Obligations to Employees in the Military, The (2007) resource Articles Member contributionOCEG Reviewed

Fourth Circuit Rejects DOL Argument That Employees Can Waive FMLA Claims (2007) resource Articles Member contributionOCEG Reviewed

Evaluating Eligibility for FMLA Leave: Federal Case Law Underscores the Need for Informed Decision Making (2006) resource Articles Member contributionOCEG Reviewed

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