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Bah Gawd! There’s more FMLA news!!! And the return of the Friday Zoom lunchtime happy hour!

You asked for it!

Mark your calendars for Friday, July 24 at Noon EDT.

That’s when I’ll be back with another HR COVID-19 Zoom chat. Go ahead and register now (here) while space is still available. My special guest this week is Stephanie Mensing, Esquire.

Stephanie’s practice focuses on helping individuals with workplace concerns. She also enjoys working with start-up businesses and assisting clients with their contract needs, including reviewing, drafting, and negotiating contracts. Stephanie is experienced in representing clients at all stages of litigation before state and federal courts and administrative agencies in Pennsylvania and New Jersey.

Stephanie is one of my favorite employee-rights attorneys in Philadelphia, and you’re going to have the unique chance to eavesdrop on the types of calls that she’s received from individuals seeking representation for various kinds of coronavirus-related litigation against employers.

You’ll get a unique perspective to learn what employers are doing right and wrong during this pandemic. I hope that you can join us on Friday. If you have questions for us, ask them here.

The U.S. Department of Labor wants to hear from YOU about FMLA administration.

Last Thursday, the DOL announced here that it seeks input on the current FMLA regulations to better effectuate the rights and obligations under the FMLA?

Since that’s pretty broad, the DOL helped narrow it down by asking for input on the several subjects, among them:

  • “Serious Health Condition”
    • What, if any, conditions or circumstances have employers encountered that meet the regulatory definition of a “serious health condition” but that they believe the statute does not cover?
    • What, if any, difficulties have employers experienced in determining when an employee has a chronic condition that qualifies as a serious health condition under the regulations?
  • Intermittent Leave
    • What, if any, specific challenges do employers experience when the timing or need for intermittent leave is unforeseeable?
    • What best practices and suggestions do employers have to improve implementation of these intermittent leave provisions?
  • Employee Notice
    • Do employees convey sufficient information to notify employers that the employee may have an FMLA-qualifying reason for leave or that the employee is requesting FMLA leave?
  • Certifications
    • What, if any, challenges have employers encountered in determining whether a certification establishes that the employee or employee’s immediate family member has a serious health condition under the FMLA and the amount of leave needed?

If you have feedback on these and other FMLA-related issues, click here for instructions to communicate with the DOL.