September 24, 2020

Volume X, Number 268

September 24, 2020

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September 23, 2020

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September 22, 2020

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DOL Wage and Hour Division Issues New FMLA Forms and Requests Comment on FMLA Regulations

On July 16, 2020, the U.S. Department of Labor Wage and Hour Division issued a Request for Information soliciting public comment about the regulatory interpretations of the Family and Medical Leave Act (“FMLA”). Specifically, the Request asks for input on what stakeholders would “like to see changed in the FMLA regulations to better effectuate their rights and obligations under the FMLA” as well as challenges experienced by employers and employees in connection with:

  1. Applying the definition of “serious health condition”;

  2. Allowing, seeking, and/ or taking intermittent leave;

  3. Requesting and notifying employers of the need for leave;

  4. The medical certification process (to the extent not addressed by the changes to the optional-use forms discussed below); 

  5. Interpretations contained in the seven opinion letters addressing FMLA topics issued since 2018; and

  6. Any other specific challenges associated with administering or taking FMLA leave.

Along with the Request for Information, the agency issued revised FMLA forms for use by employers to document FMLA leaves.  Apart from more accurately capturing information about anticipated future medical treatment, the revised forms contain few substantive changes. However, the revised forms are more streamlined and user friendly than previous versions as questions can be answered by checking a box instead of drafting a custom response and signatures can be provided electronically.

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About this Author

Mary Gambardella Litigation lawyer Wiggin Dana

Mary brings decades of experience in helping clients comply with ever-changing labor laws and regulations, as well as in managing employment challenges such as sensitive terminations, sexual harassment, reductions in workforce, discrimination claims, and severance agreements. She is a proactive resource for clients seeking her counsel on a variety of human resource issues before they become a costly crisis, as well as a fierce advocate when crises arise.

Mary is Chair of the firm’s Labor, Employment and Benefits Department and regularly represents employers in...

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Lawrence Peikes Employment litigation lawyer Wiggin Dana

Larry represents the interests of management in all aspects of the employer-employee relationship and is particularly experienced in litigation defense. He has advocated for employers in a wide range of employment cases—before arbitrators, mediators, and government agencies as well as in state and federal courts. In a field where most attorneys rarely appear before a judge, let alone a jury, Larry has successfully tried cases on both the federal and state levels. Despite his extensive courtroom experience, Larry is first and foremost dedicated to finding the best, most pragmatic business solutions to personnel relations challenges, with an eye toward avoiding litigation.

Larry's practice encompasses the full range of employment law issues, including workplace discrimination, sexual and other forms of harassment, wrongful discharge, wage-and-hour compliance, non-competition agreements, trade secret protection, and contract negotiations. Larry represents employers in administrative proceedings before such agencies as the U.S. Equal Employment Opportunity Commission; the Connecticut Commission on Human Rights and Opportunities; the New York State Division of Human Rights and its New York City counterpart; the National Labor Relations Board; the U.S., Connecticut, and New York Departments of Labor; and other administrative bodies charged to enforce federal and state labor laws.

When litigation proves unavoidable, Larry and his team of seasoned employment lawyers have an enviable record of success, disposing of lawsuits on motions, at trial, and by way of advantageous settlements. 

Nicole Dwyer associate Wiggin and Dana

Nicole Dwyer is an associate in Wiggin and Dana’s New Haven office.

Before joining Wiggin and Dana, Nicole worked as a summer associate and law clerk with the firm of Brenner, Saltzman, and Wallman LLP.

Nicole received her J.D. summa cum laude from Quinnipiac University School of Law, where she was the Editor-in-Chief of the Quinnipiac Law Review and received Distinguished Academic Achievement Awards in Contracts II, Constitutional Law, Torts, Employment Discrimination Law, and Commercial Law. She also received the Academic Excellence Award, Superior...