The United States Department of Labor (“DOL”) has issued new Family Medical Leave Act (“FMLA”) regulations, which became effective on January 16, 2009. These new regulations require covered employers (i.e. ― those with 50 or more employees within 75 miles of the employee’s worksite) to update their FMLA policies and practices.
Under the new regulations, an employer’s FMLA policy must include Military Caregiver Leave, which allows an eligible employee up to 26 weeks in a 12 month period to care for a covered family service member who has suffered a serious illness or injury while on active duty. Additionally, a new form of leave, Qualifying Exigency Leave, may be taken by an eligible employee for up to 12 weeks when an “exigency” arises because a covered family member belonging to the National Guard or Military Reserves is on active duty or is called to active duty.
The new regulations also require the use of a new poster and a new Notice of Eligibility when either of these leaves or traditional FMLA is requested. New time periods also apply. For example, the appropriate certification form must be given to the employee within 5 business days after the leave is requested. An employer must also give a Designation Notice within 5 business days after its decision on the leave request, setting forth the terms of such leave if approved, whether additional information is needed or whether the leave request has not been approved.
Employers should review the complete regulations at the DOL’s website, and, if they have not already done so, promptly revise their FMLA policies and practices and post the new FMLA poster.
For further information, please contact your regular Hinshaw attorney.
This alert has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. |