SimplyHR | Employment & Labor Blog 

As the COVID-19 pandemic continues, employers find themselves facing new challenges. Recognizing that the “new norm” has led to workplace circumstances not previously considered, the U.S. Department of Labor issued new guidance to address several wage and hour and leave-related scenarios employers may face. Highlights from the new guidance include:

Almost two weeks after the effective date of the Families First Coronavirus Response Act (FFCRA), many employers are still not certain what information and documents they should obtain from employees who request emergency paid sick leave and/or expanded family and medical leave. To recap, there are six reasons an employee can take emergency paid sick leave.

Leave management is a common topic of conversation for HR professionals and employment specialists. Knowing the leave laws and the types of leave are just the tip of the iceberg in leave management. It takes a defined process to generally look at each leave request while taking each request on a case-by-case basis. Even with having a dedicated process for leaves, employers still need to remain attentive to ensure the process curtails risk and curbs potential leave abuse. Below are a few tips to help in the process. The two main federal leave laws, the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), are the focus of these tips. However, employers should keep in mind the other federal and state laws that may be implicated in the leave management process.

The U.S. Department of Labor (DOL) on Wednesday aimed to clarify the test it uses to determine whether workers are classified as employees or independent contractors for purposes of the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA).

Last week, the United States Department of Labor (“DOL”) announced a proposed rule that would extend the Family and Medical Leave Act (“FMLA”) to provide spousal leave to employees in same-sex marriages. The proposed rule is currently open for comment and will not become final for some time.

Currently, FMLA allows eligible employees of covered employers to take unpaid leave (or use paid leave concurrently) for up to 12 weeks in a 12 month period to care for the employee’s spouse with a serious health condition. Currently, FMLA defines “spouse” as “a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized.” 29 C.F.R. § 825.122(b).