2009-11-03
The DOL has issued revised regulations for the Family and Medical Leave Act (FMLA). Several FMLA Hewitt resources are available for employer reference.
2009 FMLA Rule (DOL Preamble, Regulations, and Supporting Appendices)
These rules went into effect on January 16, 2009.
DOL Issues New FMLA Regulations
On November 17, 2008, the U.S. Department of Labor (DOL) issued revised regulations under the Family and Medical Leave Act of 1993. The regulations updated existing regulations and addressed new military-related leave entitlements that were signed into law in January 2008. The final regulations were effective January 16, 2009. Please click on the link above to access Hewitt's bulletin, which discusses the final regulations and their impact on employers.
DOL Publishes FMLA Poster and Forms
The DOL has updated its FMLA poster and forms in accordance with recent FMLA regulations.
Background
The Family Medical Leave Act was signed into law on February 5, 1993, and became effective on August 5, 1993. Since its inception, this employment law has generated a great deal of attention and controversy in the American workplace. While employees struggle to better understand the protections afforded by the law, employers still have lingering questions about compliance issues. The Department of Labor (DOL) has responded to these concerns by asking for public commentary and issuing regulations that could change how the law is administered in the years ahead.
Under the FMLA, employers with more than 50 employees must provide 12 weeks of unpaid, job-protected leave to workers who take leave for the birth of a child; the placement of a child with an employee for adoption or foster care; the serious health condition of a spouse, child, or parent; or an employee's own serious health condition. The first expansion to the FMLA occurred on January 28, 2008, when President Bush signed into law the National Defense Authorization Act (Public Law 110-181). The law amends the FMLA to provide leave to family members of military personnel.
The FMLA's family military leave provisions were expanded again to include additional military families on October 28, 2009, when President Obama signed the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84).
Hewitt FMLA Resources — General Information
The following Hewitt resources discuss a variety of FMLA issues. Additional information about the FMLA also may be found on the DOL FMLA Compliance Assistance Web site.
Recorded Webcast: The Family and Medical Leave Act: Still HR's Biggest Headache
Managing the FMLA is no easier now for HR departments than it was 16 years ago when the U.S. Department of Labor first issued it. Listen to our experts, Matt Morris and Kim Stattner, discuss a variety of FMLA-related subjects in this rebroadcast of a September 24, 2009 Webcast.
Special Report on Proposed FMLA Regulations
Hewitt has prepared a Special Report to clients that provides a detailed summary of the proposed FMLA regulations and their potential impact on employers. The report offers a comparison of current rules to the proposed changes, as well as Hewitt commentary on topics such as employer coverage, eligible employees, leave entitlement, qualifying reasons for leave, employer notice requirements, employee notice requests, medical certification, substitution of paid leave, return to work, and the family military leave amendment.
Ask Our Expert: Demystifying the Proposed FMLA Regulations
Matt Morris, a legal consultant at Hewitt who specializes in employment law matters, answers your questions on the most current developments on the proposed Family and Medical Leave Act (FMLA) regulations.
Hewitt Submits Comments on Proposed FMLA Regulation and Family Military Leave Law
In April 2008, Hewitt submitted an in-depth comment letter to the Department of Labor regarding its proposed revisions to the FMLA. Hewitt also provided commentary on the expanded military leave provision enacted in the National Defense Authorization Act. Follow the link above for a summary of FMLA topics addressed, as well as the full text of Hewitt's comment letter.
Fifteen Years of the FMLA
February 5, 2008 marked 15 years since the signing of the Family and Medical Leave Act.
DOL Issues Report on FMLA Request for Information
The DOL released a report in June 2007 that summarizes the 15,000 comments it received from workers, employers, and other interested parties in response to its request for information on the FMLA. The two leading issues of concern cited by both employers and employees were unscheduled intermittent leave and medical certification. The report focuses on these issues, as well as other areas of the FMLA.
Hewitt Submits FMLA Comments to DOL
On February 16, 2007, Hewitt responded to the DOL's request for public comments on the FMLA. The DOL requested "fresh information and fresh thinking on the issues that have developed over nearly a dozen years since the regulations were implemented." Read here what Hewitt had to say, based on our experience of providing leave administration services to more than 30 clients with 750,000 employees.
Hewitt's Absence Management Services
Hewitt can provide an array of integrated short and long-term disability, leave, and absence management solutions to mid- to large-sized employers.
Hewitt FMLA Resources — Family Military Leave
The following Hewitt resources provide details on FMLA family military leave developments.
FMLA Family Military Leave Now Available to Additional Military Families
In October 2009, the FMLA provisions covering family military leave were expanded again. The FMLA now allows family members of some active duty military members to take qualifying exigency leave, and family members of some veterans to take military caregiver leave. The Hewitt bulletin linked to above provides more details on the FMLA family military leave expansion.
FMLA Expanded for Military Family Members
In January 2008, the FMLA was expanded for the first time since it was enacted in 1993. This Hewitt bulletin discusses these amendments, which created two new FMLA leave entitlements for family members of military personnel: Call to Duty Leave and Service Member Family Leave.
Employers Required to Display New FMLA Military Leave Poster
Employers are required to display a new poster issued by the U.S. Department of Labor describing the two types of FMLA leave available to military family members. The page linked to above provides a link to the new poster on the DOL Web site and details about employers' requirements for displaying the supplemental poster.
Hewitt Associates is not a law firm, and the material provided here is not meant to replace or supersede the advice of legal counsel.
BACK
Legislative Updates
