2009 New FMLA Rules Overview

Posted almost 6 years ago. 3 helpful votes

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Key New FMLA Provisions--Military Caregiver Leave

New Military Caregiver Leave. Eligible employees may now take up to 26 weeks of FMLA leave to care for a member of the Armed Forces (including members of the National Guard and Reserves as well as Regular Armed Forces) who has a serious injury or illness incurred "in the line of duty while on active duty" for which the military person is undergoing medical treatment, recuperation, or therapy. The leave is available to the spouse, child, parent or "next of kin" of the military personnel.

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Qualifying Exigency Leave for Military Families

New "Qualifying Exigency Leave" for Some Military Families. In the event of certain defined "qualifying exigencies," the spouse, child, or parent of a member of the National Guard or Reserves may take up to 12 weeks of leave, provided that the military member is on active duty, or has been notified of an impending call or order to active duty in support of a contingency operation. The qualifying exigencies include short notice deployment, certain child care and related activities, and rest and recuperation of the military member. (The rest and recuperation leave is limited to five days.)

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Additional Key Changes in the FMLA

Serious Health Condition. The meaning of "serious health condition" is clarified. FMLA Notices. If you do not have an employee handbook or similar document distributed to all employees which explains FMLA leave to employees, you must give a general FMLA notice to each employee at the time of hiring that employee. Designating FMLA Leave. Once you as an employer have sufficient information to determine that an employee's leave is covered by the FM LA, you must notify the employee within 5 business days of his or her eligibility (this is an increase from the current 2 day requirement). Scheduling Intermittent Leave. Employees who take intermittent leave for scheduled medical treatment, now have a statutory obligation to make a "reasonable effort" to schedule the leave so as not to unduly disrupt the employer's business operation. Under the old regulations, employees were required only to "attempt" to schedule leave with the employer's needs in mind.

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More Information

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Additional Resources

U.S. Department of Labor

Global Employment Law

U.S. Department of Labor

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