Ogletree Deakins Podcasts

Ogletree Deakins Podcasts


In The Breakroom With Bill, Episode 7: Intermittent FMLA Leave in Perpetuity? Latest DOL Opinion Letter Sheds Light on Accommodations

February 17, 2023

In this podcast, host Bill Grob is joined by Chris Cascino to discuss the U.S. Department of Labor’s (DOL) new opinion letter on how the Family and Medical Leave Act (FMLA) applies in employee scheduling. Our speakers discuss the background of the opinion letter, the intricacies of offering intermittent leave for an indefinite period of time, and the DOL’s stance that employees may limit their work schedules on an intermittent leave basis in perpetuity. Bill and Chris also discuss the methods available to employers in terms of scheduling, the intersection of the Americans with Disabilities Act with the FMLA, and undue hardship exemptions under the ADA.