Family Medical Leave Act Encore
The United States Department of Labor (DOL) has just released the finalized Family Medical Leave Act (FMLA) regulations, which take effect on January 16, 2009. These new regulations are voluminous. The new regulations include both 1) guidance for implementation of the National Defense Authorization Act (NDAA) provisions regarding service members and their families, 2) new forms; and 3) revisions to many existing provisions of the regulations. We mention only the first two herein.
QUALIFYING EXIGENCY UNDER NDAA
§ 825.126 Leave because of a qualifying exigency.
(a) Eligible employees may take FMLA leave while the employee's spouse, son, daughter, or parent (the "covered military member") is on active duty or call to active duty status as defined in § 825.126(b)(2) for one or more of the following qualifying exigencies:
(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.
(8) Additional activities.
Additional detail on items 1-8 appear in the new regulations. You may access the new regulations in their entirety at: http://www.federalregister.gov/OFRUpload/OFRData/2008-26577_PI.pdf
FORMS
The new forms include:
- Certification of Health Care Provider- Form WH 380-E and F
- Notice to Employees of Rights Under FMLA- WH Publication 1420
- Notice of Eligibility and Rights & Responsibilities- Form WH 381 Revised Nov. 2008
- Designation Notice - Form WH 382 November 2008
- Certification of Qualifying Exigency for Military Family Leave- Form WH 384 Nov. 2008
- Certification for Serious Injury or Illness of Covered Service member - Form WH 385 Nov. 2008
BOTTOM LINE:
The new regulations are voluminous. We suggest implementation of the new forms, consideration of the new regulations before reaching a determination on pending FMLA issues, and for guidance in dealing with the provisions of the NDAA.
Skarlatos & Zonarich LLP is a full-service law firm with highly skilled professionals dedicated to providing clients with sound advice and aggressive advocacy. For more information, visit skarlatoszonarich.com.
