Reminder: New FMLA Regulations In Effect!

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March 23, 2009

The Department of Labor’s (DOL) revisions to the federal Family and Medical Leave Act (FMLA) regulations became effective January 16, 2009. The revisions are extensive. Significant changes were made that impact an employer’s responsibilities under the law. In addition to adopting regulations that implement the new military call-to-duty and military caregiver FMLA leaves, the important changes include:
 

Expanding and modifying employer notice requirements, deadlines for notices, and the information that must be given to employees when they request leave;
Clarifying and expanding employee notice requirements to make it clear that employees must provide sufficient information when requesting absences from work for an employer to determine whether the FMLA is implicated, and requiring employees to comply with the employer’s usual and customary notice and procedural requirements when requesting leave;
Defining non-consecutive periods of service to determine whether an employee is eligible for FMLA leave to mean a break in service of no more than seven years, except for military obligations or other approved absences;
Changing the content and timing of medical certifications and recertifications, including new certification forms, and permitting employers to contact health care providers directly to authenticate forms;
Changing the fitness-for-duty certification process when an employee is returning from leave;
Specifying that light duty work does not count against FMLA leave time;
Specifying that FMLA leave may be considered in denying perfect attendance bonuses; and
Clarifying an employee s right to substitute employer provided paid leave when an employee is on FMLA leave, and permitting the voluntary waiver of past FMLA claims.

For a more complete summary of the revisions to the regulations please go to: The New FMLA Rules: Are You Ready?
 
Along with the revisions to the regulations, the DOL also issued a multitude of new FMLA forms for purposes of complying with the law. Among others, the new forms include: notice to employees of their rights and responsibilities when FMLA leave is granted or denied; designation of an employee’s absence as FMLA leave; a medical certification form for an employee’s serious health condition; a medical certification form for a family member’s serious health condition; and, a medical certification form for a military family member’s serious health condition. The FMLA forms can be found on the DOL’s website. However, we have received many comments that the DOL’s forms are less than clear and difficult to administer.
 
Ruder Ware can assist you in complying with the new federal FMLA requirements with user-friendly FMLA forms and a revamp of your FMLA policy. Please feel free to contact an attorney within the Employment, Labor & Benefits Group of Ruder Ware if you need assistance or have any questions in regard to the new FMLA requirements.

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