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Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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RegSenseCompliance DocsAssociate Benefits & CompensationFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Agency PublicationFocus AreaHuman Resources
Family and Medical Leave Act advisory opinion letters
| 1993 Letters | |
| June 15, 1993 | FMLA-1: Contractor required to continue paying medical insurance premiums |
| Aug. 16, 1993 | FMLA-2: "No fault" attendance policies/Accrual of paid leave/Calculation of overtime pay/Attendance incentive plans |
| Sep. 9, 1993 | FMLA-3: Equivalent position |
| Sep. 9, 1993 | FMLA-4: Condominium Associations/Joint Employment |
| Sep. 27, 1993 | FMLA-5: Pre-FMLA enactment changes to leave policies/Compliance with state or local laws |
| Oct. 1, 1993 | FMLA-6: Disability Insurance |
| Oct. 8, 1993 | FMLA-7: Volunteers are not employees for the 50 employee test |
| Oct. 15, 1993 | FMLA-8: Temporary Help/Leasing Services & Joint Employment |
| Oct. 18, 1993 | FMLA-9: Employees Working Outside the United States |
| Oct. 27, 1993 | FMLA-10: FMLA in relation to New Jersey Family Leave Law |
| Nov. 2, 1993 | FMLA-11: Contacting an employee while on FMLA leave/Recovering insurance premiums from an employee on FMLA leave |
| NOTE: Letter FMLA - 12 is under review in light of judicial decisions | |
| Nov. 2, 1993 | FMLA-12: Designating and notifying employee of FMLA leave |
| Nov. 2, 1993 | FMLA-13: Maintaining medical coverage |
| Nov. 3, 1993 | FMLA-14: Multi-employer health plan/Employer ceasing operations |
| Nov. 5, 1993 | FMLA-15: Furnishing lodging to eligible employee |
| Nov. 15, 1993 | FMLA-16: Employees fraudulently obtaining FMLA leave |
| Nov. 15, 1993 | FMLA-17: Light Duty/Transferring to Alternate Position |
| Nov. 15, 1993 | FMLA-18: 1250 Hours Worked Requirement |
| Dec. 6, 1993 | FMLA-19: Cash paid in lieu of providing medical insurance |
| Dec. 7, 1993 | FMLA-20: Holiday Pay |
| Dec. 7, 1993 | FMLA-21: No FMLA coverage for grandparents |
| Dec. 9, 1993 | FMLA-22: Definition of "employer" |
| Dec. 28, 1993 | FMLA-23: Payment of health care premiums |
| 1994 Letters | |
| Jan. 6, 1994 | FMLA-24: Accrual of additional benefits while out on FMLA leave |
| Jan. 10 ,1994 | FMLA-25: Long Term Disability Insurance Policies/Pre-existing conditions |
| Jan. 14, 1994 | FMLA-26: Disability Retirement/Maintenance of Health Benefits |
| Jan. 31, 1994 | FMLA-27: Substance Abuse Treatment & Return to Work Agreements |
| Jan. 31, 1994 | FMLA-28: Office of the Legislative Auditor of the State of Louisiana and definition of "employee" |
| Feb. 7, 1994 | FMLA-29 Intermittent Leave and the ADA |
| Mar. 18, 1994 | FMLA-30: Multi-employer health plans |
| Mar. 21, 1994 | FMLA-31: Attendance, safety, and production bonuses |
| Mar. 24, 1994 | FMLA-32: FMLA and maternity leave |
| Mar. 29, 1994 | FMLA-33: Substitution of paid leave |
| Apr. 12, 1994 | FMLA-34: Accrued compensatory time off for public employees |
| Apr. 19, 1994 | FMLA-35: FMLA and reasonable accommodations |
| May 18, 1994 | FMLA-36: Substitution of paid leave |
| July 7, 1994 | FMLA-37: Hours worked as a temporary employee/Joint employment/Relationship to Tennessee state family leave law |
| July 21, 1994 | FMLA-38: Relationship of FMLA to Workers' Compensation and Rejection of "Light Duty" jobs |
| July 21, 1994 | FMLA-39: Effective date of FMLA for employers with CBA's |
| July 25, 1994 | FMLA-40: 12 weeks of leave/FMLA leave running concurrently with workers' compensation |
| Aug. 8, 1994 | FMLA-41: "House Officers" of Louisiana hospitals as "employees" |
| Aug. 23, 1994 | FMLA-42: Maintenance of union benefits/Calculating Intermittent Leave/Transfer to alternate position/FMLA concurrent with workers' compensation/Recovery of health care premiums and definition of "return to work"/Spouses employed by same employer/Designation of leave as FMLA/Accrual of benefits |
| NOTE: Letter FMLA - 43 is under review in light of judicial decisions | |
| Aug. 24, 1994 | FMLA-43: FMLA leave concurrent with other leave of absence/Short-term disability programs/Designation of FMLA leave/3 "Calendar" days/Substitution of paid leave/Spouses employed by same employer |
| Sep. 13, 1994 | FMLA-44: Intermittent Leave versus a "Block of time" |
| Oct. 14, 1994 | FMLA-45: FMLA Leave for multiple births |
| Oct. 14, 1994 | FMLA-46: Definition of "Hours Worked" |
| Oct. 17, 1994 | FMLA-47: Employee unable to perform "essential functions" of job upon return to work |
| Oct. 19, 1994 | FMLA-48: Health care provider employed by the employer for 2nd opinions |
| NOTE: Letter FMLA - 49 is under review in light of judicial decisions | |
| Oct. 27, 1994 | FMLA-49: Substitution of paid leave/Employer designating FMLA leave |
| Nov. 23, 1994 | FMLA-50: DOL Comments on paper entitled "The Family and Medical Leave Act: A Survey and an Analysis of its Impact and Implications." |
| Nov. 28, 1994 | FMLA-51: Distinction between definition of "son or daughter" age 18 or older or under age 18/Adult child and pregnancy |
| Dec. 28, 1994 | FMLA-52: Payments from disability plans and substitution of paid leave |
| Dec. 29, 1994 | FMLA-53: Intermittent leave and care of a newborn child |
| 1995 Letters | |
| Feb. 22, 1995 | FMLA-54: Continuation of service for vesting purposes |
| Mar. 10, 1995 | FMLA-55: FMLA and the ADA regarding light duty, accommodations and medical certifications |
| Mar. 28, 1995 | FMLA-56: Attendance bonus and accrual of benefits |
| April 28, 1995 | FMLA-58: Fitness for duty certifications and return to work |
| Apr. 28, 1995 | FMLA-59: Substance Abuse/Termination for substance abuse |
| May 2, 1995 | FMLA-60: Definition of a "Serious Health Condition" |
| May 12, 1995 | FMLA-61: Substituting advanced paid leave |
| May 17, 1995 | FMLA-62: Posting and general notice requirements |
| June 19, 1995 | FMLA-63: Limitations on treatments by chiropracters to meet "health care provider" definition |
| June 21, 1995 | FMLA-64: FMLA and COBRA |
| July 13, 1995 | FMLA-65: Repayment of health insurance premiums |
| July 19, 1995 | FMLA-66: Spouses vs. Unmarried Couples employed by same employer |
| NOTE: Letter FMLA - 67 is under review in light of judicial decisions | |
| July 21, 1995 | FMLA-67: Calculating amount of FMLA leave taken/Maximum of 12 weeks |
| July 21, 1995 | FMLA-68: Substitution of paid leave/Employer policy providing greater benefit |
| July 21, 1995 | FMLA-69: Leave for substance abuse treatment |
| Aug. 23, 1995 | FMLA-70: Overtime as hours worked for the 1250 hours worked eligibility test |
| Sep. 14, 1995 | FMLA-71: Optional Form WH-380: Certification of Health Care Provider |
| Sep. 20, 1995 | FMLA-72: Physician Assistant as a Health Care Provider |
| Oct. 26, 1995 | FMLA-73: No FMLA Leave for siblings |
| Oct. 30, 1995 | FMLA-74: Applicable 12 month period options |
| Nov. 15, 1995 | FMLA-75: Definition of "chronic" serious health conditions/Certification for paid leave/Light Duty/Contact with employee's physician/Employer notification requirements |
| Nov. 30, 1995 | FMLA-76: Religious institutions as "employers" |
| 1996 Letters | |
| Jan. 30, 1996 | FMLA-77: Definition of "Serious Health Condition" |
| Feb. 14, 1996 | FMLA-78: 825.110(c) and employee eligibility |
| Feb. 23, 1996 | FMLA-79: Safety incentive and attendance bonuses |
| Apr. 24, 1996 | FMLA-80: Probationary teachers and FMLA as a "break in service" |
| June 18, 1996 | FMLA-81: Substitution of paid leave |
| July 31, 1996 | FMLA-82: Purpose of FMLA |
| Aug. 7, 1996 | FMLA-83: Designation of leave/Compensatory time off/Care of immediate family member/Spouse employed by same or different employers |
| Oct. 25, 1996 | FMLA-84: Leave to care for child newly placed in foster care |
| Nov. 18, 1996 | FMLA-85: Substitution of paid leave and employer's policies |
| Dec. 12, 1996 | FMLA-86: Definition of "Serious Health Condition" |
| Dec. 12, 1996 | FMLA-87: Definition of "Serious Health Condition"/Cold or Flu/Visit to the Doctor/Definition of "continuing treatment" |
| Dec. 13, 1996 | FMLA-88: 12 month period and number of weeks available/Employer changing the 12 month period |
| 1997 Letters | |
| July 3, 1997 | FMLA-89: Deduction of salaries of employees exempt under the FLSA |
| NOTE: Letter FMLA - 90 is under review | |
| July 3, 1997 | FMLA-90: Intermittent leave and notification requirements |
| Dec. 9, 1997 | FMLA-91: FMLA and employer-provided plans |
| Dec. 12, 1997 | FMLA-92: FMLA and temporary disability plans or workers' compensation laws |
| 1998 Letters | |
| Feb. 6, 1998 | FMLA-93: Paid Administrative Leave Policy |
| Feb. 27, 1998 | FMLA-94: Attending "care conferences" as part of caring for an immediate family member |
| June 3, 1998 | FMLA-95: Job Restoration Requirements |
| June 4, 1998 | FMLA-96: Parents-in-law as "legal wards" |
| July 10, 1998 | FMLA-97: FMLA and the ADA regarding accommodations |
| Nov. 18, 1998 | FMLA-98: FMLA and "domestic partners" |
| 1999 Letters | |
| Jan. 12, 1999 | FMLA-99: Siblings working for same employer |
| Jan. 12, 1999 | FMLA-100: "No fault" attendance policies |
| Mar. 26, 1999 | FMLA-102: Accrual of benefits |
| NOTE: Letter FMLA - 103 is under review | |
| Mar. 26, 1999 | FMLA-103: Employer's more generous leave policies |
| May 21, 1999 | FMLA-104: Licensing Board as a covered "employer" |
| Jun. 16, 1999 | FMLA-105: Employer changing 12 month period |
| July 1, 1999 | FMLA-106: Outside employment while on FMLA leave |
| July 19, 1999 | FMLA-107: Definition of "workweek"/Calculating FMLA leave available when employee works variable schedule |
| 2000 Letters | |
| Apr. 13, 2000 | FMLA-108: "Less stringent" standards/825.207(h), 825.305(e), and 825.306(c) |
| Sep. 8, 2000 | FMLA-109: Accrual of seniority while on FMLA leave |
| Sep. 11, 2000 | FMLA-110: Attendance and production bonuses |
| Sep. 11, 2000 | FMLA-111: Joint employers/Integrated Employers |
| Sep. 11, 2000 | FMLA-112: Intermittent Leave and the 1250 hours test for eligibility |
| Sep. 11, 2000 | FMLA-113: Fitness for duty certifications and return to work |
| 2002 Letters | |
| May 9, 2002 | FMLA2002-1: Leave entitlement for part-time/variable hours employees |
| July 19, 2002 | FMLA2002-2: Employee notice for unforeseeable leave |
| July 19, 2002 | FMLA2002-3: FMLA, workers' compensation leave, posting notices |
| July 23, 2002 | FMLA2002-4: Intermittent leave for birth or adoption of child |
| Aug. 6, 2002 | FMLA2002-5-A: Failure to notify of FMLA eligibility status |
| Dec. 4, 2002 | FMLA2002-6: Retesting hours worked eligibility for intermittent leave |
| 2003 Letters | |
| Mar. 5, 2003 | FMLA2003-1-A: Defer to arbitration agreements |
| Jun. 30, 2003 | FMLA2003-2: Section 101(12)(B) son or daughter 18 years or older |
| July 24, 2003 | FMLA2003-3-A: Terminated in violation |
| July 29, 2003 | FMLA2003-4: "No fault" attendance policies |
| Dec. 17, 2003 | FMLA2003-5: FMLA and paid disability, sick and vacation leave; remedies for violation |
| 2004 Letters | |
| Apr. 5, 2004 | FMLA2004-1-A: Counting Employees from temporary agencies |
| May 25, 2004 | FMLA2004-2-A: Medical Recertification and 29 CFR Part 825.308 |
| Oct. 4, 2004 | FMLA2004-3-A: Substitution of paid sick or medical leave |
| Oct. 25, 2004 | FMLA2004-4: Fitness for duty and drug testing |
| 2005 Letters | |
| Aug. 26, 2005 | FMLA2005-1-A: Placement of child for foster care or adoption |
| Sep. 14, 2005 | FMLA2005-2-A: New Medical Certifications and 2nd or 3rd Opinions |
| Nov. 17, 2005 | FMLA2005-3-A: "Rolling" 12-month leave period and the 1250 hours test for eligibility |
| 2006 Letters | |
| Jan. 17, 2006 | FMLA2006-1-A: Vacating employer-provided lodging while on FMLA leave |
| Jan. 20, 2006 | FMLA2006-2: Making contributions to multi-employer group health plans for employees on FMLA leave |
| Jan. 31, 2006 | FMLA2006-3-A: Cafeteria plan allotments and maintenance of group health benefits during FMLA leave |
| Feb. 13, 2006 | FMLA2006-4-A: Whether FMLA leave counts as hours worked for future health insurance eligibility |
| May 24, 2006 | FMLA2006-5-A: SCA health and welfare payments and maintenance of group health benefits during FMLA leave |
| Oct. 5, 2006 | FMLA2006-6-A: Dental insurance plan as a group health plan and continuation of benefits for instructional employees during summer vacation |
| NOTE: No Opinion Letters were published in 2007 or 2008 | |
| 2009 Letters | |
| Jan. 6, 2009 | FMLA2009-1-A: Employee Notice and Call-In Procedures |
| 2010 Administrator's Interpretations | |
| June 22, 2010 | FMLA2010-03: Clarification of the definition of "son or daughter" under Section 101(12) of the Family and Medical Leave Act (FMLA) as it applies to an employee standing "in loco parentis" to a child |
| 2013 Administrator's Interpretations | |
| Jan. 14, 2013 | FMLA 2013-1 Clarification of the definition of "son or daughter" under Section 101(12) of the Family and Medical Leave Act as it applies to an individual 18 years of age or older and incapable of self-care because of a mental or physical disability. |
| 2018 Letters | |
| August 28, 2018 | FMLA2018-1-A “No-fault” attendance policies and roll-off of attendance points |
| August 28, 2018 | FMLA2018-2-A Whether organ donation is a serious health condition |
['Family and Medical Leave Act (FMLA)']
['Family and Medical Leave Act (FMLA)']
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