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Final FMLA Regulations Effective 1/16/09 Require Employer Action

Release Date: January 22, 2009

On November 17, 2008 the U.S. Department of Labor issued its final regulations that change employer and employee responsibilities under the Family and Medical Leave Act (FMLA), including the recent military leave amendments. The regulations include significant changes and clarify the existing FMLA regulations.

The Department of Labor has stated that the new regulations were written to clarify ambiguities in the existing application of the FMLA and that the revised regulations focus on allowing a more open line of communication among employers, employees and health care providers. Certain changes and clarifications will be beneficial to employers while others include more stringent employer responsibilities.

This alert outlines many of the significant provisions contained in the new regulations, such as changes to leave and notice requirements as well as explanations and clarifications of the recent FMLA amendments providing leave for family members of individuals engaged in military service.

"Final FMLA Regulations Effective 1/16/09 Require Employer Action" (Read Full Alert)

FMLA Regulations Effective 1/16/09

• Employee Eligibility
• Serious Health Condition
• Chronic Health Condition
• Certification and Fitness for Duty
• Medical Information Available to Employer
• Birth or Care of Child
• Intermittent Leave
• Substitution of Leave
• Attendance and Production Bonuses
• Employer Notice Requirements
• Retroactive Designation of Leave
• Employee Notice Requirements
• Military Leave
• Liability and Penalty Issues