Highlights of New FMLA Regulations Effective January 16, 2009

In January 2008, President Bush signed the National Defense Authorization Act (NDAA), which, among other things, provided for FMLA (Family and Medical Leave Act) leave specifically for military families. New regulations from the Department of Labor implement these provisions and in additino make several significant modifications in the application of the FMLA. These new rules become effective January 16, 2009. Employers should prepare now to apply the new rules.

The following are a few of the highlights of the new provisions:

New Military Caregiver Leave. Eligible employees may now take up to 26 weeks of FMLA leave to care for a member of the Armed Forces (including members of the National Guard and Reserves as well as Regular Armed Forces) who has a serious injury or illness incurred “in the line of duty while on active duty” for which the military person is undergoing medical treatment, recuperation, or therapy. The leave is available to the spouse, child, parent or “next of kin” of the military personnel.

New “Qualifying Exigency Leave” for Some Military Families. In the event of certain defined “qualifying exigencies,” the spouse, child, or parent of a member of the National Guard or Reserves may take up to 12 weeks of leave, provided that the military member is on active duty, or has been notified of an impending call or order to active duty in support of a contingency operation. The qualifying exigencies include short notice deployment, certain child care and related activities, and rest and recuperation of the military member. (The rest and recuperation leave is limited to five days.)

Serious Health Condition. The meaning of “serious health condition” is clarified.

FMLA Notices. If you do not have an employee handbook or similar document distributed to all employees which explains FMLA leave to employees, you must give a general FMLA notice to each employee at the time of hiring that employee.

Designating FMLA Leave. Once you as an employer have sufficient information to determine that an employee’s leave is covered by the FM LA, you must notify the employee within 5 business days of his or her eligibility (this is an increase from the current 2 day requirement).

Scheduling Intermittent Leave. Employees who take intermittent leave for scheduled medical treatment, now have a statutory obligation to make a “reasonable effort” to schedule the leave so as not to unduly disrupt the employer’s business operation. Under the old regulations, employees were required only to “attempt” to schedule leave with the employer’s needs in mind.

Published in: on January 8, 2009 at 4:00 pm  Leave a Comment  
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New FMLA Regulations Effective January 16, 2009

The Family and Medical Leave Act, adopted in 1993, provides eligible employees who work for covered employers the right to take up to 12 weeks unpaid leave for  the birth of the employee’s child, the placement of a child with the employee for adoption or foster care; or the care of a son, daughter, spouse, or parent with a serious health condition.  The Act also allows the employee to take such leave for the employee’s own >health condition.  Some jurisdictions allow more than 12 weeks, e.g., Washington, DC mandates 16 weeks.

Although FMLA leave is a good concept and is now well known by HR Personnel everywhere, there are some elements of the Act that have long cried for clarity, e.g, a clearer defintion of serious health condition.

In January 2008, President Bush signed the National Defense Authorization Act, which, among other things, provided for FMLA leave specifically for military families.

In 2006, the Department of Labor  solicited public comments on experience with the FMLA.  In February 2008 the Department solicited comments on proposed changes to the regulations.  On November 17, 2008, new regulations were issued, to be effective January 16, 2009.  The new regulations address a number of concerns raised by those who daily apply the statute.  In addition, the regulations integrate the new provisions for military families.

Published in: on December 20, 2008 at 7:30 am  Comments (1)  
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