Changing FMLA
Featured Guest Blogger April 29th, 2008
We have all heard of the Family and Medical Leave Act (FMLA) of 1993. It was President Clinton’s first signed law, and it has had a huge impact on businesses since. During one 18-month period, nearly 24 million workers took a leave for an FMLA-covered reason, or about 1 of every 7 employees.
The FMLA has recently undergone a variety of changes. The new legislation attempts to clarify definitions of terms in the past version of the Act, as well as allows for provisions for military families. The changes were noted in the Federal Register on February 11th.
Some of the more noteworthy changes (in my humble opinion) include:
1. Employees who have a spouse, parent, or child who is on or has been called to active duty in the Armed Forces may take up to 12 weeks of FMLA leave yearly when they experience a “qualifying exigency.”
2. Employees who are the spouse, parent, child, or next of kin of a service member who incurred a serious injury or illness on active duty in the Armed Forces may take up to 26 weeks of leave to care for the injured service member in a 12-month period.
3. Employers may communicate directly with health care providers to authenticate medical certifications.
4. Common ailments may be “serious health conditions.”
5. Male employees may be protected when attending prenatal appointments with spouses.
The much anticipated Final Rules are said to be announced as soon as Summer, 2008. In the meantime, employers and employees alike should keep themselves “in the know” for compliance purposes. Additionally, covered businesses should ensure that their posters are up to date.
We would love to hear your thoughts on the changes…are there any employers or employees who love FMLA? Any who find it cumbersome?













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