Category: Uncategorized

DOL Opinion Letter: Employers May Not Delay Designating FMLA Leave and Employees May Not Decline FMLA Leave

The United States Department of Labor (“DOL”) recently issued an official Opinion Letter clarifying the federal regulations regarding an employer’s obligation to designate leave as FMLA-qualifying once it has obtained sufficient information to determine that the leave qualifies as FMLA leave. Various provision in the FMLA regulations require an employer to designate employee leaves as …

Continue reading

Which 12-month Calculation Method to Use

FMLA Abuse and the “Rolling Back” method of 12-Week Entitlement Calculation Scott D. Macdonald, Esq., SPHR, SHRM-SCP What’s the best 12-month calculation method to use? Let’s examine that backwards: What’s the worst one to use? The 2000 U.S. DOL Survey of employees asked leave-takers who used leave for health-related reasons (excluding disability due to pregnancy) if …

Continue reading