November 20, 2008 | Posted By Diane Pfadenhauer | print this article

Final Rule on the Family & Medical Leave Act

The US Department of Labor recently issued its long-awaited Final Rule under the Family & Medical Leave Act.  The 200+ page document provides commentary and discussion regarding the proposed rules and the Departments rationale for the final rules provided.  There are significant changes to what already is a very technically complex and difficult statute.  To begin with, here is a very basic overview of some of areas of the law affected by the new rules.  There are a variety of training programs, seminars and overviews of these rules available as these changes are far too numerous and complex to include in a simple blog post.  We are working with our clients to help them understand these changes and modify their policies and practices accordingly.

For Military Personnel:

  • Military Caregiver Leave (also known as Covered Servicemember Leave)
  • Qualifying Exigency Leave
  • Two new DOL certification forms that may be used by employees and employers to facilitate the certification requirements for the use of military family leave.

Changes to the Overall Regulations:

  • Modification to penalty provisions
  • Changes to the how Light Duty is treated in connection with FMLA
  • Waivers of FMLA rights
  • Six individual definitions of “Serious Health Condition”
  • Substitution of paid leave for FMLA leave
  • Attendance awards
  • Employer and Employee Notice requirements
  • The Medical Certification process
  • Fitness for Duty Certifications

For more information on the Final Rule, follow these links:

An Overview:  DOL's Final Rule on Family and Medical Leave

The DOL's Final Rule Website

From the Federal Register:  The Family & Medical Leave Act of 1993; Final Rule