Final Rule on the Family & Medical Leave Act
The US Department of Labor recently issued its long-awaited Final Rule under the Family & Medical Leave Act. The 200+ page document provides commentary and discussion regarding the proposed rules and the Departments rationale for the final rules provided. There are significant changes to what already is a very technically complex and difficult statute. To begin with, here is a very basic overview of some of areas of the law affected by the new rules. There are a variety of training programs, seminars and overviews of these rules available as these changes are far too numerous and complex to include in a simple blog post. We are working with our clients to help them understand these changes and modify their policies and practices accordingly.
For Military Personnel:
- Military Caregiver Leave (also known as Covered Servicemember Leave)
- Qualifying Exigency Leave
- Two new DOL certification forms that may be used by employees and employers to facilitate the certification requirements for the use of military family leave.
Changes to the Overall Regulations:
- Modification to penalty provisions
- Changes to the how Light Duty is treated in connection with FMLA
- Waivers of FMLA rights
- Six individual definitions of “Serious Health Condition”
- Substitution of paid leave for FMLA leave
- Attendance awards
- Employer and Employee Notice requirements
- The Medical Certification process
- Fitness for Duty Certifications
For more information on the Final Rule, follow these links:
An Overview: DOL’s Final Rule on Family and Medical Leave
From the Federal Register: The Family & Medical Leave Act of 1993; Final Rule
Human Resources | The Human Resource, January 8, 2009 2:02 am