It’s time for the 2022 FMLA Update! Every year, we offer a recap of key issues, case law, tips and tools that we source from employment law attorneys and HR experts. Our update points to significant developments for the prior year, hits on lessons learned from case law, and offers tips on fundamentals and best practices. FMLA is a complex issue for employers and HR practitioners. We know this because it is consistently one of the top searches on our site. That’s why we monitor resources, articles and tools that readers might find valuable.

What’s new in the past year

Case Law: Every year, Family Medical Leave Act guru and employment law attorney Jeff Nowak of Littler posts a key resource for employers and HR professionals and employment law attorneys on his blog, FMLA Insights. The American Bar Association’s summary of cases from the prior year – “a comprehensive report of FMLA decisions handed down by the federal courts in the previous year.”  ABA’s Summary of 2021 FMLA Cases (PDF).

FMLA update – forms – In 2020, the DOL released new FMLA forms. Make sure that your forms have a revision date of “June 2020” and an expiration date of “6/30/2023.” Here are two resources about these forms – we posted them last year, but repost because they are handy:  A Guide to the New FMLA Forms and 6 Good Reasons to Use New Model FMLA Forms.

Increased Audits: In February,  the DOL Announces Ramped-Up FMLA Audits for Employers in Select Industries. Also see: DOL Guidance Emphasizes Enforcement of FMLA and FLSA Anti-Retaliation Provisions

FMLA Update: State paid leave laws: 2022 state paid family and medical leave contributions and benefitsMercer: As of January 2022, California, Connecticut, Hawaii, Massachusetts, New Jersey, New York, Puerto Rico, Rhode Island, Washington, and Washington, DC, mandate paid leave for an employee’s own health condition. Oregon and Colorado will begin similar programs in 2023. Except for Hawaii and Puerto Rico, these jurisdictions also require paid family leave for bonding with a new child, caring for a seriously ill or injured family member, and certain other purposes. Despite some common elements, differences in these mandates make compliance and administration particularly challenging for multistate employers. Read the highlights or download the 16-page PDF for more details and a chart summarizing key element of each jurisdiction’s requirements.

Here are some other state law developments:

FMLA and Covid-19

FMLA and Workers Comp

General FMLA Fundamentals

It’s in the details ….

FMLA Update: Key Resources




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