As a result of recent legislation, the Department of Labor has announced changes to the regulations for the federal Family and Medical Leave Act. These changes to FMLA took effect January 16, 2009.
The new regulations may have an important impact on your dealership’s FMLA policy. Consequently, you should review your policy and make the necessary changes.
Military Families
The most critical changes are the result of the passage of the Military Family Leave provisions in the National Defense Authorization Act of 2008. Because of this statute, there are two new major benefits for families of military personnel.
- Military Caregiver Leave – Employees who are family members of service members will be able to take up to 26 work weeks of FMLA job protected leave in a single 12-month period (as opposed to 12 work weeks of general FMLA leave) to care for a service member with a serious illness or injury incurred in the line of duty while on active duty. Family members include a spouse, son, daughter, or nearest blood relative.
- Military Family Affairs Leave Employees who are family members of National Guard and Reserve members may take up to twelve work weeks of FMLA job protected leave to manage family affairs while the service member is on active duty or has been notified of an impending call or order to active duty. Basically the regulations allow the FMLA leave to an employee to use for what the regulations call “any qualifying exigency” which includes short notice deployment, military events and related activities, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and other activities agreed between the employer and employee.
Technical changes
The regulations also make a number of technical changes to address court decisions.
- Light duty – the regulations make clear that an employee voluntarily performing a light duty assignment is not on FMLA leave.
- Waiver of FMLA rights – the rule clarifies that an employee and an employer may settle an employee’s claim for past FMLA leave without court or Department of Labor approval. This clarification was necessary because of a court decision that such claims would require approval. However, waivers of future FMLA rights continue to be prohibited.
- Employee notice – the revised rule makes clear that an employee seeking FMLA leave must follow the employer’s usual call-in procedures for reporting absence under unusual circumstances.
As a result of recent legislation, the Department of Labor has announced changes to the regulations for the federal Family and Medical Leave Act. These changes to FMLA took effect January 16, 2009.
The new regulations may have an important impact on your dealership’s FMLA policy. Consequently, you should review your policy and make the necessary changes.
Military Families
The most critical changes are the result of the passage of the Military Family Leave provisions in the National Defense Authorization Act of 2008. Because of this statute, there are two new major benefits for families of military personnel.
- Military Caregiver Leave – Employees who are family members of service members will be able to take up to 26 work weeks of FMLA job protected leave in a single 12-month period (as opposed to 12 work weeks of general FMLA leave) to care for a service member with a serious illness or injury incurred in the line of duty while on active duty. Family members include a spouse, son, daughter, or nearest blood relative.
- Military Family Affairs Leave Employees who are family members of National Guard and Reserve members may take up to twelve work weeks of FMLA job protected leave to manage family affairs while the service member is on active duty or has been notified of an impending call or order to active duty. Basically the regulations allow the FMLA leave to an employee to use for what the regulations call “any qualifying exigency” which includes short notice deployment, military events and related activities, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and other activities agreed between the employer and employee.
Technical changes
The regulations also make a number of technical changes to address court decisions.
- Light duty – the regulations make clear that an employee voluntarily performing a light duty assignment is not on FMLA leave.
- Waiver of FMLA rights – the rule clarifies that an employee and an employer may settle an employee’s claim for past FMLA leave without court or Department of Labor approval. This clarification was necessary because of a court decision that such claims would require approval. However, waivers of future FMLA rights continue to be prohibited.
- Employee notice – the revised rule makes clear that an employee seeking FMLA leave must follow the employer’s usual call-in procedures for reporting absence under unusual circumstances.