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Family and Medical Leave Act advisory opinion letters

RegSenseCompliance DocsAssociate Benefits & CompensationFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)Agency PublicationFocus AreaHuman Resources

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, 1999FMLA-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, 2018FMLA2018-1-A “No-fault” attendance policies and roll-off of attendance points
August 28, 2018FMLA2018-2-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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