4 FMLA Scenarios That Can Trip Up Employers

Fenwick litigator John-Paul Deol spoke to Law360 about recent U.S. Department of Labor (DOL) guidance clarifying what medical conditions qualify for coverage under the Family and Medical Leave Act (FMLA).

Specifically, Deol commented on organ donation, noting that whether the procedure involves an overnight hospital stay or requires continuing medical care, it is covered.

“If it were ever unclear, it is now clear through the DOL’s guidance that an organ donation will qualify as a serious health condition under the FMLA,” he said.

Deol also noted that employers risk both legal and public relations problems if they push back on a worker’s decision to donate an organ.

“The guidance that I would give employers generally on this, regardless of the DOL’s opinion letter, is they should definitely not take a hard line on this [and] try to be as flexible as possible, from a legal perspective and from an optics perspective,” he told Law360.

The full article is available through Law360 (subscription required).


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