Capitol Branch 142,

NALC, AFL-CIO

STRENGTH through UNITY!     
Is UNITY through STRENGTH!
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FMLA Opinion Letters:

The FMLA Opinion Letters posted on DOL's Wage and Hour Division web page comprise all FMLA Opinion Letters issued during the relevant year from 1993 to 2009, 2010 and 2013 which were signed by Administrator. 

The FMLA Opinion Letters subject matter includes, but is not limited to the following:  

  • Employee Notice and Call-In Procedures.
  • Whether FMLA leave counts as hours worked for future health insurance eligibility.
  • Rolling 12-month leave period and the 1250 hours test for eligibility.
  • New Medical Certifications and 2nd or 3rd Opinions.
  • Placement of child for foster care or adoption.
  • Substitution of paid sick or medical leave.
  • Medical Recertification and 29 CFR Part 825.308.
  • Defer to arbitration agreements.
  • Failure to notify of FMLA eligibility status.
  • Intermittent Leave and the 1250 hours test for eligibility.
  • Definition of "Serious Health Condition"/Cold or Flu/Visit to the Doctor/Definition of continuing treatment.
  • Definition of "Serious Health Condition."
  • Leave to care for child newly placed in foster care.
  • FMLA and reasonable accommodations.
  • Attendance, safety, and production bonuses.
  • 1250 Hours Worked Requirement.
  • Light Duty/Transferring to Alternate Position.