Family and Medical Leave Act (FMLA)
What is the U.S. Department of Labor FMLA final rule?
On November 17, 2008, the U.S. Department of Labor (DOL) capped a two-year public comment period and published The Family and Medical Leave Act of 1993; Final Rule
This final rule contains important changes to the current DOL rules in terms of employee rights, employer obligations, notices, and notifications. The final rule also contains appendices with eligibility notices and certification forms for employers and employees.
Some significant changes are outlined below. The information is extracted, in part, from DOL's Fact Sheet on the Final Regulations available from the DOL site described above. Leave administrators will need to familiarize themselves with the details of the final rule, as they will have a substantial effect on many FMLA-related activities.
When does the final rule take effect?
The final rule will take effect on January 16, 2009.
What key changes are detailed in the final rule?
The final rule details hundreds of changes to FMLA. Notable changes include:
Posting requirements-The types of notices to be displayed, their posting locations, and the time frame for providing information to employees has been modified
Employee obligations to provide notice about taking FML-language outlining employee obligations to provide notice to their employer have undergone change
Military family leave-Two new leave entitlements affect covered military service members and their families
Designation of leave-The time frame in which employers are obligated to notify employees that leave designated as FML has changed
Intermittent leave-Modifications to definitions and handling of intermittent leave are incorporated
Medical certification processes-A recognition of HIPAA and its protections is recognized, as are changes to the information an employer may seek in determining leave and return to work issues. The final rule also incorporates new forms for employers, employees, and reporting caregivers
Key definitions-A variety of terms are more carefully defined or clarified including "light duty," "serious health condition," and many more
Substitution of paid leave-Changes to the circumstances under which FML and paid leave may be used interchangeably or substituted are discussed
Waiver of rights-New information about circumstances under which rights granted under FMLA may be waived are described and clarified
Bonuses and awards-The treatment of bonuses and awards or incentives based on attendance are clarified
Responses to legal decisions/precedent-A number of issues that were adjudicated are modified or clarified
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