labor lawAdivision of labor law center

On January 16, 2009 the new FMLA regulations issued by the U.S. Department of Labor go into effect. This is the third in a series of articles profiling the most important changes in these regulations.

As every Human Resources pro knows, the FMLA or Family and Medical Leave Act of 1993 permits employees to take up to 12 weeks of unpaid leave for a variety of reasons, including baby bonding and the employee’s serious health condition.

One important change affects an employee’s eligibility for FMLA under section 825.110 of the regulations.

Under the FMLA regulations, an employee must work for the employer for 12 continuous months before the employee is eligible for FMLA leave, according to SHRM, the Society of Human Resource Management. However, the period of service does not have to occur immediately before the employee takes FMLA leave. However, under the 2009 regulations, employers are not required to  go back more than 7 years in most cases, (more…)