The Department of Labor last issued an FMLA opinion letter in January of 2009, that is, until August 28, 2018, the day that the DOL issued two new Opinion letters dealing with the FMLA. As we have discussed in the past, when a regulatory agency issues an Opinion Letter or Guidance, it behooves us to take heed. They are the agencies’ way of telling us how they are going to construe the laws that they enforce. And, although such Letters and Guidance are not binging on civil courts, the courts often refer to them in their opinions.

FMLA20180-1-A – Organ Donor Leave:   In FMLA2018-1-A, the DOL stated that an otherwise healthy employee that chooses to donate an organ may be entitled to FMLA leave if the procedure and resulting recovery qualify as a  a Serious Health Condition. If the procedure and recovery do not meet the definition of a Serious Health Condition, the leave would probably not be covered by the FMLA. The fact that the procedure is voluntary is not relevant to the FMLA-qualification analysis.  As with most FMLA determinations, this requires a case-by-case analysis. Continue reading “After a Nine Year Hiatus, the DOL Issues Two New FMLA Opinion Letters” →