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How Does the FMLA Apply to a Remote Workforce?

The Family and Medical Leave Act (FMLA) was enacted in 1993, a year when the idea of working a corporate job from a living room was rare. When the law was passed, the FMLA didn’t contemplate a remote workforce. Now, and especially post-pandemic, many companies are embracing a fully remote workforce (e.g., sales representatives, healthcare medical device technicians and software engineers). While employees’ needs for a leave of absence have always been around, remote employment and its effects on the applicability of the FMLA requirements has not. For well over two years, many employees have been working from home. Some report to a manager at the headquarters or worksite. Plenty of remote employees, however, report to an individual who also works remotely. The new remote landscape is making what used to be an easy application of FMLA eligibility into a difficult analysis. This article examines the FMLA regulatory framework for remote employees, a recent Texas federal court decision on the issue and the practical options that employers have moving forward.

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Change Fatigue And Organizational Culture: A Critical Call For Leadership

How can organizations cope with change fatigue in uncertain times? In this Forbes article, McDermott Partner Michael Peregrine draws on historical and present examples to argue that effective leadership starts with the proper tone at the top.

“A positive organizational culture may come less easily these days, not because the organization itself is less robust, but because of the insidious impact of change fatigue,” Peregrine writes. “And that fatigue can undermine the spirit of the workforce and its faith in the future.”

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How to Handle an Influx of HR Accommodation Requests

As employees begin to return to their offices, human resource teams are being inundated with accommodation requests. The reasons behind these requests include:

  • Concerns about COVID-19 exposure;
  • Convenience of working from home;
  • Lack of child care options and costs of care; and
  • Weariness of daily commute.

McDermott’s Laurie Baddon says in an article published in SHRM that employers should share their policies with their workforces well in advance to give HR and legal teams time to process and assess accommodation requests.

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New Resource Center: Navigating Change in the US Administration

Pandemic relief, taxes, income inequality, climate change, infrastructure, healthcare and civil rights: the new US administration is moving forward rapidly on President Joe Biden’s stated priorities. So how are these new policies affecting your business? We’re here to keep you informed!

McDermott Will & Emery’s multidisciplinary team of industry-leading lawyers are monitoring key legal areas to help you navigate and gain perspective on the most critical impacts of changing US policies. Access the latest updates in our new resource center.




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