More DOL Letters Needed For Clarity On Enforcement Strategy

Law360 (April 3, 2019, 12:06 PM EDT) -- The U.S. Department of Labor recently issued a trio of opinion letters offering employers guidance in implementing the Family and Medical Leave Act and the Fair Labor Standards Act.

The letter with the broadest application to U.S. employers is FMLA2019-1-A,[1] which deals with the issue of whether an employer may delay the designation of FMLA-covered leave, and whether employers can expand FMLA leave beyond an employee’s 12-week (or in the case of military caregiver leave, 26-week) entitlement.

The opinion letter is intended to address a frequently occurring scenario in which an employee who has accrued paid time off anticipates an upcoming leave of...

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