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Overview Of Job Protected Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

An overview of job protected leave by number of employees and state.

Exploring Policy Models For Extended Time Off, Erica H. Zielewski, Shelley Waters Boots

Memos and Fact Sheets

Whether it’s a personal health condition, the birth of a new child, or the need to address a serious health issue of an aging parent, many, if not most workers, find that at certain points in their lives, they will need an extended amount of time off from work. We refer to this as Extended Time Off (EXTO). In addition, there is a growing body of research that outlines the potential benefits of paid time off for workers, their families (and in particular children), as well as some research suggesting a benefit to employers providing paid EXTO. While the U.S. …

Family And Medical Leave: Selective Background Information, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Topics covered:

Who is currently working for a “covered employer” under the FMLA and, of those employees, how many are eligible for FMLA-related leave?

Of eligible individuals who work for covered employers, how many used leave rights under the FMLA?

Who needed the type of leave offered by the FMLA but did not take such leave?

What percentage of private sector establishments are covered under the FMLA?

Extended Time Off Overview, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Workplace Flexibility 2010 defines Extended Time Off (EXTO) as time taken off from work for a single reason that extends for more than five days but less than one year.

EXTO may be brief in nature (e.g., a few weeks), when taken, for example, for a vacation, to recover from minor surgery, or to comply with a public health quarantine request. EXTO may also be longer in nature (e.g., a month or more), when taken, for example, for maternity/paternity purposes, for elder care, for military duty, or for a sabbatical from work.

EXTO (either brief or prolonged) may be unpaid …

Introduction, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

On December 1, 2006, the Department of Labor (“DOL”) issued a Request for Information (“RFI”) seeking public comments on the Family and Medical Leave Act (“FMLA”). The RFI was divided into three sections. Part I provided a summary and background of the FMLA, existing DOL regulations, legal challenges, and related issues. Part II described twelve specific topics about which the DOL sought comment.Part III discussed a 2000 Westat Report that estimated the number of employees and employers covered under the FMLA and the number of employees who used the FMLA. According to the DOL, over 15,000 comments were submitted in …

The Definition Of “Serious Health Condition”, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the definition of "Serious health condition".

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Essential Functions, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum contains a summary of questions asked in the DOL request for information about the implications of providing accommodations to employees with serious health conditions to enable them to perform their jobs with accommodations, rather than taking FLMA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Light Duty, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about "Light Duty" work.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Different Types Of Fmla Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the different types of FMLA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Fmla Leave Determinations/Medical Certifications, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about FMLA leave determinations and medical certifications.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Definition Of A "Day", Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the definition of a "Day".

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Communications Between Employers And Their Employees, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about communications between employers and their employees regarding FMLA rights and obligations.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Substitution Of Paid Leave, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about the substitution of paid leave for FMLA leave.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Attendance Policies, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about attendance policies.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Waiver Of Rights, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about waiver of FMLA rights.

Part two of this memorandum contains the relevant statutory and regulatory text. Part two also lists other sources cited in the comments about this topic.

Eligible Employee, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

Part one of this memorandum provides a summary of questions asked and comments submitted in response to the DOL request for information ("RFI") about who meets the statutory and regulatory definition of an "Eligible Employee."

Part two of this memorandum contains the relevant statutory and rgulatory text. Part two also lists other sources cited in the comments about this topic.

Eligibility For Medical Leave Under The Fmla, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Family and Medical Leave Act of 1993 (FMLA) permits eligible workers to take up to 12 weeks per year of unpaid leave for medical reasons—either their own or those of an immediate family member. In the case of personal medical leave, an employee is entitled to leave for medical conditions that constitute “serious health conditions” and that make an employee unable to perform the functions of his or her position. The FMLA statute defines “serious health condition” as: “an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.” …

Intermittent Leave And Reduced Schedule Leave Under The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

The Family and Medical Leave Act of 1993 (FMLA) permits workers who meet certain conditions to take up to 12 weeks per year of unpaid leave for medical or family care reasons. This memorandum discusses the statutes, legislative history and regulations pertinent to intermittent and reduced schedule leave, as well as select case law.

To give workers not just the time but also the flexibility to balance the demands of work and family, the FMLA allows workers to take leave on an intermittent basis (e.g., a few hours per week to attend a standing medical appointment) or on a reduced …