Attorneys

Labor and Employment FAQs

• Q: Are all employees entitled to take military family leave under the National Defense Authorization Act (“NDAA”)?
  A: No. Only employees who work for an employer who is subject to the Family and Medical Leave Act (“FMLA”), who have worked more than 1,250 hours in the … More
• Q: Do the military family leave provisions of the National Defense Authorization Act (“NDAA”) require that employers provide paid leave?
  A: No. The NDAA military family leave provisions mandate only that an employer permit unpaid leave. However, you may be able to use your regular paid leave … More
• Q: Who should I contact if I think my employer has violated the National Defense Authorization Act (“NDAA”) and/or the Family and Medical Leave Act (“FMLA”)?
  A: These federal laws are enforced by the Wage and Hour Division of the U.S. Department of Labor. More
• Q: If my doctor restricts me to “light duty” work for a period of time, does that time count against my 12 weeks of leave for a serious health condition under the revised Family and Medical Leave Act (“FMLA”)?
  A: No. The revised FMLA is clear that any period during which an employee is restricted to light duty is not countable against his/her FMLA leave time. More
• Q: Does a court or the U.S. Department of Labor have to approve any settlement between my employer and I for a violation of the revised Family and Medical Leave Act (“FMLA”)?
  A: No. You are free to enter into a settlement of any claim for violation of the FMLA that you might have against your employer, which typically results in you … More
• Q: If I am taking more than 3 days of leave for a serious health condition under the revised Family and Medical Leave Act (“FMLA”), are there any timing restrictions on the two required healthcare provider visits during that time period?
  A: Yes. The first healthcare provider visit must occur within 7 days of the beginning of the leave period, and both visits must occur within 30 days of the … More
• Q: If I am taking more than 3 days of leave for a serious health condition for which I am receiving continuing treatment under the revised Family and Medical Leave Act (“FMLA”), are there any timing restrictions on visits to my healthcare provider for treatment?
  A: Yes. The first healthcare provider visit must occur within 7 days of the beginning of the leave period, and you must have at least two visits with your … More
• Q: Yes. The first healthcare provider visit must occur within 7 days of the beginning of the leave period, and you must have at least two visits with your healthcare provider for continuing or periodic treatment per year.
  A: Under the revised FMLA, there is no distinction between paid vacation, personal, or sick leave time that you may be eligible for when you need to take FMLA … More
• Q: Can my employer deny me a perfect attendance award if my only absences are due to FMLA leave time?
  A: Yes. An employer can deny you a perfect attendance award even if your only absences were taken pursuant to the FMLA. More
• Q: How do I know if my medical certification is good enough to take leave under the revised Family and Medical Leave Act (“FMLA”)?
  A: If your employer does not believe your medical certification to be complete or sufficient for the purposes of the FMLA, your employer must specify the problems with … More
• Q: What laws does the Wage and Hour Division of the U.S. Department of Labor enforce?
  A: The Wage and Hour Division enforces several federal laws, including the Family and Medical Leave Act, the Fair Labor Standards Act, and the Migrant and Seasonal … More