Nevada FMLA Changes

March 31st, 2008 Posted by Amelia

It’s important for Nevada employers to be aware of changes to the FMLA regulations.

On April 11, 2008, employers will face several changes due to new FMLA (Family and Medical Leave Act) regulations.

The U. S. Department of Labor proposed these changes on February 11, 2008. Until the changes go into effect employers have a chance to review them and to make comments.

To post comments, employers can simply click this link and type in the keywords “Family and Medical Leave Act” (complete with quotes). Employers should understand, however, that their comments will be viewable by the public.

The use of paid time off (PTO) while on FMLA leave is one of the major changes detailed among the new regulations. FMLA leave is unpaid leave, and employers are required only to provide up to 12 weeks and protect the employee’s job. To continue receiving paychecks, a worker can currently use accrued sick time while on FMLA leave.

The new regulations will allow employees to use accrued sick time, accrued vacation time and accrued personal leave.

For instance, Bob requires heart surgery and will take 12 weeks of FMLA leave for surgery and recovery. His accrued PTO comes to 5 weeks of vacation, 3 weeks of personal and 2 weeks of sick leave. Under the new regulations, he can use all 10 weeks of his PTO while on FMLA leave. The remaining two weeks will be unpaid leave. Bob has effectively substituted paid leave for FMLA leave, which is termed “substitution of paid leave.”

Prior to the new regulations, Bob could only use the accrued sick leave, and would then be on unpaid FMLA leave for the remainder of his time off.

The new regulations will also change how FMLA leave is charged to employee absences. Currently, a worker on FMLA isn’t considered “absent”. Employers and coworkers complained about this policy, because workers who’d been gone for 12 weeks were receiving “perfect attendance” awards, including bonuses.

The new regulations state that FMLA leave will be counted toward a worker’s absences just like any other leave. Employees who take FMLA, then, will no longer be eligible for attendance awards.

More Nevada FMLA Changes

Victoria Lipnic of the U.S. Department of Labor recently commented on the proposed changes to the FMLA (Family and Medical Leave Act). “It’s time to update these regulations — to reflect court decisions, clear up ambiguities and address issues that weren’t contemplated when the regulations were first issued in 1995.”

The Labor Department proposed several changes on February 11, 2008, including the definition of how often an employee on FMLA needs to see a healthcare provider, permission for employers to disqualify employees on FMLA from “Perfect Attendance Awards” and amendments to the medical certification process.

These proposed changes are scheduled to go into effect on April 11, 2008. Until that time, employers have the opportunity to review and comment on the changes.

Ms. Lipnic described the new proposal. “This proposal is the result of a thoughtful, careful process that included a Request for Information with 15,000 public comments in 2006, many conversations with stakeholders, and the department’s experience in administering and enforcing the law.”

In addition to the amendments listed, several changes target the issue of “serious medical condition” and how that condition is certified by medical personnel.

FMLA allows workers to take 12 weeks of unpaid leave per 12 month period to care for themselves or for a parent, child or spouse with a “serious medical condition.” To prevent abuse of the leave, the U. S. Department of Labor permits companies to require the worker’s healthcare professional to certify the “serious medical condition”.

In the new regulations, six of the definitions of “serious medical condition” have been retained. Two terms have received further clarification.

For instance, one definition of “serious medical condition” requires the worker to be incapacitated for three consecutive calendar days and visit the healthcare provider twice. Yet, no parameters were defined for those two visits. Did they need to be two visits per week, per month, or even per year?

The U.S. Department of Labor in the new regulations will amend the rule to require the two visits to occur within 30 days of the period of incapacity.

Last 10 posts by Amelia

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Posted in Compliance Issues, Employer Requirements, Nevada, Updated Regulations

  1. Posted by: Robin Baker

    I was employed by [company name deleted] a Pain Center/ and two MDs for five plus years. I was disabled from 7-13-08 to 8-29-08. I was released to work at full duty and was informed by the “COO” that the only position they had open at that time was an entry level job, xray inventory at $14.00 per hour.
    I had been a Senior Medical Editor at $17 per hour at the time I became ill.
    I have not received my accrued PTO for that period nor have I been offered COBRA insurance and repeated calls to the office regarding this to “management” have been ignored.

    I also feel I was discriminated by my age by one of the doctors, as on two occasions he made nasty comments about my having hot flashes in a very deragatory manner.

    What is my legal recourse?

    Thank you

    Robin

  2. Posted by: Amelia

    Hi Robin! There are a lot of issues here! We have created a website specifically to answer questions like yours. Please post your questions at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  3. Posted by: marcela

    i have a question in regards of ” maternity leave” if this term is under FMLA and how it works according to the new changes in Nevada law

  4. Posted by: Amelia

    Hi marcela! Since Nevada has no “maternity leave” or family leave law, the federal FMLA — the Family and Medical Leave Act– applies. Pregnant employees are permitted to take up to 12 weeks of unpaid, job-protected leave for childbirth, or to care for a newborn. (Note that FMLA is limited to 12 weeks total, so a pregnant worker cannot take 12 weeks of bed rest and then take 12 weeks to bond with her new baby.) The FMLA applies to employers with 50 or more workers within 75 miles. The employee must have worked for the employer for 12 months, and put in at least 1,250 hours in the past year.
    The article above is from 2008. The federal government made major changes to the FMLA regulations in January, 2009. The link below is to a more recent article, or search our archives for “FMLA”. HTH, and thans for reading the blgos!~ Amelia

    http://blog.laborlawcenter.com/2009/02/09/new-fmla-forms-required/

  5. Posted by: sandrar

    Hi! I was surfing and found your blog post… nice! I love your blog. :) Cheers! Sandra. R.

  6. Posted by: Amelia

    Hi sandrar! Thanks! And welcome to the site!!~ Amelia

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