Staying Current on FMLA Compliance Changes

By Peter Fabiankovic, JD

Corporate Counsel
MetLife

The Family Medical and Leave Act (FMLA) provides up to 12 weeks of unpaid, protected leave for eligible employees, giving workers an important element of job security during difficult times. While this sounds simple on the surface, the FMLA is quite complex, partly due to changing legal interpretations of the law.

To help keep employers informed and in compliance, the U.S. Department of Labor (DOL) issues legal guidance — or opinion letters¹ — based on specific FMLA challenges occurring in the workplace. These DOL opinion letters interpret how the FMLA applies to a specific set of circumstances and could influence how employers comply with the law.

Not all employers, however, are aware of these letters. Below is a summary of three DOL opinion letters issued in 2019 that can help employers understand their compliance responsibilities and how to limit both liability and DOL audits.

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