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Final FMLA Regulations Include Expansions to Cover Military Leave

Released December 29, 2008

On November 17, 2008, the Department of Labor issued its long-awaited final regulations under the Family and Medical Leave Act (FMLA), which include expansions to cover military leave. NADCA members that employ over fifty workers will be impacted by the changes to the FMLA. The final regulations become effective on January 16, 2009.

The DOL published revisions on the following sections of the FMLA:

• Leave increments / intermittent leave;
• Fitness for duty certification;
• Light duty;
• Medical information;
• Medical recertification;
• Contacting health care providers.
  

In addition, the FMLA has been amended to extend protection to employees who require leave to care for family members injured while on active military duty or to handle a "qualifying exigency" associated with a covered military member.

Eligible employees may take up to 26 work weeks of leave during "a single 12-month period" to care for a seriously injured or ill servicemember. An employee may be eligible for military caregiver leave if he or she is a spouse, child or parent of a servicemember or a servicemember's "next of kin."

Employers also must provide eligible family members 12 work weeks of leave for "any qualifying exigency," which includes (1) short-notice deployment; (2) military events and related activities; (3) childcare and school activities; (4) financial and legal arrangements; (5) counseling; (6) rest and recuperation; (7) post-deployment activities; and (8) additional activities not encompassed in the other categories, but agreed to by the employer and employee.

The final FMLA regulation is available here: http://www.protectfamilyleave.org/pdf/final_fmla_regulation.pdf.

For more information, contact Stephanie Salmon, Metalcasters Alliance for Government Affairs Office, at ss@wafed.com or 202/842-4864.