Labor Department’s Wage and Hour Division Issues Two New FMLA Opinion Letters

The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued two new opinion letters interpreting the Family and Medical Leave Act (FMLA). This is the first set of FMLA opinion letters issued by WHD since the Trump Administration’s DOL announced last year that it would be reinstating them after a several-year hiatus during the Obama Administration.

In the first letter, WHD concludes that an employer’s no-fault attendance policy was in compliance with the FMLA. In the second letter, WHD concludes that an organ donor was covered by the FMLA as having a serious health condition.

Copies of the two opinion letters, FMLA2018-1-A (no-fault attendance) and

FMLA2018-2-A (organ donation), are available online.

Members of the Center for Workplace Compliance (CWC) can read more here.