Better Late Than Never – Updating FMLA Practices
Although the new federal Family and Medical Leave Act (FMLA) regulations went into effect in early 2013, it seems that many employers have yet to come into compliance with them. Given this reality, a brief overview of the substance of the regulations is in order.
Posting
The Department of Labor (DOL) has issued a new “General Notice” FMLA poster that must now be posted in the workplace. It should also be included in any employee handbook as a standalone document or as an attachment to the employer’s FMLA policy. The poster is available on the DOL website.
Military Family Leave Regulations
The new regulations also implement the 2009 FMLA amendments providing for military family leave. The regulations address:
Qualifying Exigency Leave (29 U.S.C. § 825.126)
Military Caregiver Leave (29 U.S.C. § 825.127)
They also provide a form to use for Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave.
Airline Flight Crew Employees
Finally, the regulations revise the rules for determining FMLA eligibility for flight crew employees. (28 C.F.R. §§ 825.801, 802, 803)
Compliance
As noted, these regulations are now in effect. Employers who overlooked the changes (or were simply too busy with all the many tasks that the beginning of a new work year brings!) should promptly update their postings and policies.
