To celebrate the 20th anniversary of the Family and Medical Leave Act ("FMLA") on February 5, 2013, the U.S. Department of Labor announced a Final Rule which expands the FMLA in two important ways and also issued a new prototype notice/poster. The Final Rule will be effective thirty days after its publishing date, which is March 8, 2013.
First, the Final Rule expands FMLA protections for military families by providing families of eligible veterans with FMLA leave and allowing military families to take leave for more activities connected to a military service member's deployment. Employers should be aware that for qualifying exigency leave, active duty for military members now requires deployment to a foreign country, and the amount of time an employee may take for Rest and Recuperation leave is extended from 5 days to a maximum of 15 days. For military caregiver leave, "covered servicemember" has been expanded to include covered veterans who meet certain criteria in addition to current servicemembers. In addition, in regards to an employee's eligibility requirements for FMLA leave, employers should be aware that all periods of absence from work due to Uniformed Services Employment and Reemployment Act ("USERRA") covered service are counted in determining an employee's eligibility. These are just a sampling of some of the major provisions in the Final Rule affecting military services members and their families.
The second expansion brings more airline personnel and flight crews under the FMLA's protection where previously they did not meet FMLA eligibility criteria due to the unique way their hours are counted.
Employers should also be aware that there is a new FMLA Employee Rights and Responsibilities Notice available which can be found
here. Employers can start using the new Notice now or use the old Notice until March 7, 2013. This Notice is required to be posted by FMLA covered employers. This Notice should be provided to employees by including the Notice in employee handbooks or other written materials distributed to employees concerning employee benefits or leave rights, if such materials exist. If such materials do not exist, employers are required to distribute a copy of the general Notice to each new employee. This revised Notice is the Department of Labor's prototype general Notice, which employers may use to meet these general Notice requirements. Additionally, all covered employers must post a copy of the Notice at each of their work locations even if there are no eligible employees at that location. The Notice must be posted in a prominent place where it may be readily seen by applicants and employees.
For more information, please visit the Department of Labor's website
here.
If you have any questions concerning this topic, please contact the member of our GrayRobinson
Employment & Labor law team with whom you work.