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Final Rule on the Family & Medical Leave Act

The US Department of Labor recently issued its long-awaited Final Rule under the Family & Medical Leave Act. The 200+ page document provides commentary and discussion regarding the proposed rules and the Departments rationale for the final rules provided. There are significant changes to what already is a very technically complex and difficult statute. To begin with, here is a very basic overview of some of areas of the law affected by the new rules. There are a variety of training programs, seminars and overviews of these rules available as these changes are far too numerous and complex to include in a simple blog post. We are working with our clients to help them understand these changes and modify their policies and practices accordingly.

For Military Personnel:

Military Caregiver Leave (also known as Covered Servicemember Leave)
Qualifying Exigency Leave
Two new DOL certification forms that may be used by employees and employers to facilitate the certification requirements for the use of military family leave.

Changes to the Overall Regulations:

Modification to penalty provisions
Changes to the how Light Duty is treated in connection with FMLA
Waivers of FMLA rights
Six individual definitions of “Serious Health Condition”
Substitution of paid leave for FMLA leave
Attendance awards
Employer and Employee Notice requirements
The Medical Certification process
Fitness for Duty Certifications

For more information on the Final Rule, follow these links:

An Overview: DOL's Final Rule on Family and Medical Leave

The DOL's Final Rule Website

From the Federal Register: The Family & Medical Leave Act of 1993; Final Rule

Full post as published by Strategic HR Lawyer on November 20, 2008 (boomark / email).

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