News + Events
New FMLA Regulations Went Into Effect on January 16, 2009 – Are You Compliant?
February 9, 2009
Jana L. Korhonen
The Department of Labor (DOL) has promulgated new regulations under the Family and Medical Leave Act of 1993 (FMLA) effective January 16, 2009. The new regulations contain over 50 pages of substantive changes and clarifications affecting virtually all aspects of the process for managing FMLA leaves. Among other things, employers subject to the FMLA will likely want to:
• Understand new provisions for military caregiver leave and leave for "qualifying exigencies" arising from a family member’s call to active duty
• Update the employee handbook to reflect new leave provisions and include information now mandated by the DOL
• Train managers on how to recognize a potential request for military-related FMLA leave
• Determine how military caregiver leave will be calculated and tracked (this one can be tricky!)
• Revise company forms to capture all requisite information and adopt new forms for the certification of military caregiver leave and qualifying exigency leave
• Implement process for ensuring that employees will be given the Eligibility Notice, Rights and Responsibilities Notice, and Designation Notice that are now required
• Be mindful of new deadlines for seeking and providing information concerning FMLA leave for serious health condition
• Develop process to allow employee to cure deficiencies in certification from employee’s health care provider
• Substitute new DOL posters for old ones
Navigating the sea of these complex, detailed regulations can be a daunting task. If you have already attempted to do so and are still feeling confused or in need of clarification, please do not hesitate to contact any attorney in the Labor & Employment group.