DOL Issues New FMLA Regulations
On November 17, 2008, the Department of Labor ("DOL") issued new administrative regulations interpreting the provisions of the Family Medical Leave Act ("FMLA"). On the positive side, the new rules reflect new rights under the FMLA for military families and provide for up to six months leave for families of injured service members. Family members of active duty members of the National Guard and Reserve are allowed up to 12 weeks of FMLA leave for "qualifying exigencies," that include short-notice deployment; childcare; financial and legal arrangements; counseling and rest and recuperation. On the downside for workers, the new regulations require employees to follow their employer's call-in procedures for reporting absences when notifying employers of their need for leave when the prior regulations gave employees two days after requesting time off to notify the employer that the leave qualified under the FMLA. In addition, employers now have five days - instead of two days as the prior regulations provide - to decide whether to grant a request for FMLA leave. The new regulations also require employees taking "intermittent" leave to complete a "fitness for duty" evaluations before returning to work.
The new regulations take effect on January 16, 2009. President-Elect Obama, however, has indicated a desire to expand the protections affforded to working people under the FMLA so stayed tuned for further developments in this important area for workers and their families.
