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FMLA UPDATE

The U.S. Department of Labor (DOL) has published final rules to the Family Medical Leave Act (FMLA). The most significant changes involve two new leave entitlements for military family members:

bulletMilitary Caregiver Leave: Eligible employees who are family members of covered service members will be able to take up to 26 workweeks of leave in a “single 12-month period” to care for a covered service member with a serious illness or injury incurred in the line of duty.
bulletQualifying Exigency Leave: Eligible employees with a covered military member serving in the National Guard or Reserves will have available 12 workweeks of job-protected leave to use for “any qualifying exigency” arising out of the fact that a covered military member is on active duty or called to active duty status in support of a contingency operation. The final rules further define a qualifying exigency. 

Other notable changes of the FMLA rules include:

bulletClarification that light duty work does not count toward an employee’s FMLA leave entitlement.
bulletAdditional guidance on what is considered to be a serious health condition.
bulletClarification on substitution of paid leave.
bulletClarification and strengthening of the employer’s notification requirements to employees.
bulletClarification of the medical certification process—both in terms of content and timing—and additional requirements to protect the employee’s health information.
bulletChanges to the fitness-for-duty certification process.

The new requirements went into effect Jan. 16, 2009. Employers should review their FMLA policies, employee notification letters, and medical certification forms to be sure that they comply with the new changes. You should also obtain updated posters to place throughout your building(s). For updated forms and posters, as well as general information about the updated FMLA regulations, visit the DOL web site.

FROM www.shrm.org:

The U.S. Department of Labor (DOL) on Dec. 22 posted the revised Family and Medical Leave Act (FMLA) poster and FMLA certification forms to its web site. The new poster and form reflect the revised FMLA rule, which takes effect on Jan. 16, 2009.

At the National Employment Law Institute’s Annual Conference in Washington, D.C., on Dec. 12, Megan Norris, an attorney with Miller Canfield in Detroit, urged employers to communicate in “big, bold policies” exactly how they expect employees to give them notice about FMLA leave.

New Forms Posted

The new forms are:

WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (FMLA).

WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (FMLA).

WH-381 Notice of Eligibility and Rights & Responsibilities (FMLA).

WH-382 Designation Notice (FMLA).

WH-384 Certification of Qualification Exigency for Military Family Leave (FMLA).

WH-358 Certification for Serious Injury or Illness of Covered Servicemember—for Military Family Leave (FMLA).

 

 

 

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Last modified: June 17, 2010