DOL updates guidance regarding FMLA

The Department of Labor (DOL) recently updated guidance regarding enforcement of the Family and Medical Leave Act (FMLA), and the updates will affect all employers. Let’s take another look.

FMLA fact sheets

First, the DOL issued Fact Sheet 28D, which pertains to employer notice obligations under the FMLA. The DOL makes clear in this guidance document that employers must always comply with the FMLA’s notice requirements, even when it’s clear the employee’s need for leave is FMLA-qualifying and there’s no dispute that the employee will receive the requested leave time.

According to the DOL, if an employer fails to comply with the FMLA’s notice requirements, it won’t be able to count the time away toward the employee’s FMLA entitlement. Employers should provide notices to employees whenever leave is requested (even when an employee makes multiple requests over time for the same serious health condition or another qualifying reason), regardless of whether the leave is FMLA-qualifying and will be granted.