Whether Holidays Count Against an Employee’s FMLA Leave Entitlement and Determination of the Amount of Leave Taken

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On Tuesday, May 30, 2023, the Wage and Hour Division (WHD) published opinion letter FMLA2023-2-A, “Whether Holidays Count Against an Employee’s FMLA Leave Entitlement and Determination of the Amount of Leave Taken”. In this letter, WHD explains that, under the Family and Medical Leave Act, the employee’s normal workweek is the basis of the employee’s […]

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New Dept of Labor Rule Leaves Home Care Unclear on Leave Exemption

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On late Friday, the U.S. Department of Labor issued a “Temporary Rule” in response to an August 3, 2020 decision of a federal court in New York that invalidated the department’s earlier rulemaking. While there remains a legal issue as to whether the court’s ruling is limited to New York, DOL chose to issue a […]

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NAHC: Home Care and Hospice Employees are Exempt Providers Under FFCRA

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The US Department of Labor issued guidance over the weekend on standards and application of the extended sick and Family Medical Leave Act (FMLA) leave under the recent Covid-19 stimulus bills. The guidance addresses an important issue affecting home care and hospice companies. NAHC and others sought to have an exemption applicable to a “health care provider” to […]

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President Signs Coronavirus Response Act with Emergency Paid Sick Leave

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–Exemptions for Health Care Providers Require Revision to Cover Some Home Care, Hospice Personnel On Wednesday, March 18, President Donald J. Trump signed into law H.R. 6021 (P.L. 116-127), The Families First Coronavirus Response Act, which expands access to Emergency Paid Sick Leave to as many as 87 million U.S. workers, and provides families with […]

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