labor lawAdivision of labor law center

The U.S. Department of Labor recently issued regulations concerning the use of military leave and expanded FMLA leave for military caregivers.

Speaking on the release, Labor Secretary Elaine L. Chao said, “This final rule, for the first time, gives America’s military families special job-protected leave rights to care for brave service men and women who are wounded or injured, and also helps families of members of the National Guard and Reserves manage their affairs when their service member is called up for active duty.” The Secretary added, “At the same time, the final rule provides needed clarity about general FMLA rights and obligations for both workers and employers.”

The new regulations expand the qualifying family members, for military leave purposes. Traditionally, the FMLA or Family and Medical Leave Act has defined an “immediate family member” as a son or daughter, parent or spouse. Sons and daughters were covered only if they were under the age of 18, or unable to care for themselves. Under the military family leave provision of (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…)

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…)