labor lawAdivision of labor law center

A number of the changes to the FMLA regulations that go into effect in January, 2009, favor the employer. These changes and clarifications were made after the U.S. Department of Labor received comments from employers and input from groups such as the Society of Human Resource Management or SHRM.

Under the new FMLA or Family and Medical Leave Act regulations, employees are entitled to use any paid leave, including sick leave, vacation and personal leave while on FMLA. However, in order to use the leave, the employee must follow the employers usual policy for requesting the paid time off – even if those requirements are more stringent than the FMLA notice requirements.

A major change under the new regulations establishes that employers can deny bonuses, awards or other payments to workers who have not met a specific goal due to FMLA leave.

The new regulations also address a few specialized situations encounted by the U.S. Department of Labor. For example, they permit employers to (more…)

The U.S. Department of Labor recently announced sweeping changes to the Family and Medical Leave Act, or FMLA.

The new FMLA regulations require that employers give workers notice of their rights under FMLA.

The rule clarifies and strengthens the employer notice requirements to employees. The purpose, according to the U. S. Department of Labor, is so that employees will better understand their FMLA rights and obligations, and to provide for smoother communication.

Employers must post a new, revised FMLA poster now available from a few sources.

In addition, employers must post a Military Leave Notice (also called the Military Leave Poster) that advises military families of their expanded FMLA rights.

The new regulations further define what is a “serious health condition” under FMLA. While the 6 individual definitions are retained, the new regulations require that if an employee is taking leave involving more than 3 consecutive days plus two visits to a health care provider, the two visits be within 30 days of the work absences.

Under these regulations, an employee who was absent for 3 days in June, and visited the doctor once in June and once in October, would not qualify for FMLA leave.

The new regulations also redefine “periodic visits to a health care provider” for chronic serious health conditions, under the guidelines. Now, employees must see a doctor or other health care provider at least twice per year, for the condition to qualify.  

The FMLA applies to employers with (more…)

The U.S. Department of Labor issued new regulations for all employers this week regarding military family leave. The updated regulations go into effect on January 17, 2009 although employers would be wise to implement them sooner. This is the most significant expansion of the federal Family and Medical Leave Act, or FMLA, in 15 years.

Under the new regulations, every employer must display a Military Leave Poster prominently in the workplace. This is just the first step that employers must take to inform workers of their rights under this new law.

Under the new federal regulations, employers must provide up to 26 weeks of unpaid, job-protected Military Caregiver Leave in a 12-month period to family members who are caring for a covered service member injured on active duty. The law also applies to family members who are caring for a soldier who has an illness incurred in the line of duty, on active duty.

The new guidelines permit the soldier’s (more…)

The USERRA requires that employers reinstate employees after active military service, even if the employee’s absence has been up to five years. In some cases, as with wounded veterans, employers are required to reinstate employees who have been absent even longer.

That is why it is vital for employers to have a USERRA compliance program in place.

USERRA, the federal Uniformed Services Employment and Reemployment Act applies even to employees who voluntarily resign to enroll in the military. It also applies to emergency workers such as police, firefighters and paramedics, who may be pressed into service or volunteer during times of natural disasters or terrorist attacks.

The USERRA also applies to employees who serve in the National Guard or National Reserve.

Employers are required to notify employees of their rights under USERRA. In most cases, every employer must display a USERRA Poster, even if they currently have no employees who are covered under the law.

The federal regulations require that employers furnish a notice of the complete, accurate rights, benefits and obligations of employees and employers under USERRA.  Employers are encouraged to provide the notice to employees in other ways, in addition to the required poster. However, employers must be careful in selecting USERRA compliance products from a supplier. By law, the products must ensure that the full text of the notice is included.

 The U.S. Department of Labor recently introduced the USERRA Advisor , a useful online tool for employers. The eLaws Advisor helps employers to understand a number of issues surrounding military service, including: (more…)

On November 17, 2008, the U.S. Department of Labor published final updates to regulations for the FMLA, or federal Family and Medical Leave Act.

The updated regulations will require every employer to display a new 2009 FMLA poster. Employers can preorder the new FMLA poster here. These updated FMLA regulations go into effect on January 17, 2009.

This is in addition to the new 2009 USERRA poster and EEOC poster required for all employers. Most employers should display the posters in Spanish, as well as English.

The new regulations concern three major areas: 

• Update the FMLA regulations to address a number of problems reported by employees and employers
•  Address some conflicts between the U.S. Department of Labor FMLA regulations and decisions by the courts
•  Provide guidelines and regulations for employers granting extended FMLA to military families as required under the required Military Leave Notice.  

 According to Victoria A. Lipnic, Assistant Secretary for the Employment Standards Administration, these changes have been carefully weighed.

“This common sense, balanced rule is the product of a two year-long transparent process involving about 20,000 public comments and reflects the careful consideration of the views of FMLA stakeholders,” said Victoria Lipnic.

For most employers, the new FMLA regulations address these issues: 

• Reporting absences
• Right of individuals to waive FMLA
• Employer liability
• Light duty
• Perfect attendance awards 

Under the new regulations, (more…)