In this week’s issue we
will discuss the New Family Medical Leave Act
Rules
Family and Medical Leave Act - Covered employers must grant an eligible employee up to a total of 12
workweeks of unpaid leave during any 12-month period for one or more of the following
reasons:
The
U.S. Department of Labor says it will publish a proposal on February 11 to
update its regulations under the Family and Medical Leave Act (FMLA).
The department says that the proposal would help workers
and their employers better understand their rights and responsibilities, and
speed the implementation of a new law that expands FMLA coverage for certain
military family members.
"This proposal preserves
workers' family and medical leave rights while improving the administration of
FMLA by fostering better communication in the workplace," says Victoria A.
Lipnic, assistant secretary for the Department of Labor's Employment Standards
Administration. "It also implements a law President Bush recently
signed to extend family and medical leave to families of
Proposed changes include
increased notice obligations for employers so that employees will better
understand their FMLA rights, while revising the employee notice rules to
minimize workplace disruptions due to unscheduled FMLA absences.
The department says the proposal will also contain
technical changes to reflect decisions by the Supreme Court and lower courts. A
new section addresses recently enacted legislation to expand the FMLA
entitlement to 26 workweeks for certain military family members caring for a
service member with a serious illness or injury.
For years, employers have been lobbying for changes to
FMLA rules and waiting for the department to publish revised regulations. In
December 2006, the department did publish a Request for Information, seeking
comments about on a series of questions covering intermittent FMLA leave, the
definition of "eligible employee" under FMLA, the definition of
"serious health condition" under FMLA, leave determinations/medical
certifications, and other FMLA topics.
The department released a report in June 2007 based on
the more than 15,000 comments it received, saying the comments highlight that
unscheduled intermittent leave is the single most serious area of friction
between employers and workers.
"It's time to update these regulations--to reflect
court decisions, clear up ambiguities and address issues that weren't
contemplated when the regulations were first issued in 1995," said Lipnic.
"This proposal is the result of a thoughtful, careful process that
included a Request for Information with 15,000 public comments in 2006, many
conversations with stakeholders, and the department's experience in
administering and enforcing the law."
Source: http://hr.blr.com/news.aspx?id=77925
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OPPORTUNITIES
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How to Apply
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Coming Up:
Next SHRM Meeting: February 12
Career Fair: February 26