FMLA Section Updated to Comply With DOL Final Rule
Author: Melissa Burdorf, XpertHR Legal Editor
In February, the Department of Labor (DOL) issued a final rule regarding:
- The amendments to military family leave;
- The special eligibility provision for flight crew employees; and
- Some additional administrative and minor issues.
Employers must comply with the new rule starting today, March 8, 2013 - this includes beginning to use the updated FMLA notice and certification forms and posting the new FMLA poster.
To help employers comply with the changes, XpertHR has performed an extensive update of the FMLA employment law manual section. Some highlights of the new rule (and our corresponding update) include:
- Caregiver leave under the FMLA is now extended to eligible family members of recent veterans with a serious injury or illness incurred or aggravated in the line of duty.
- Four alternative definitions of a serious injury or illness of a veteran are now available to qualify caregivers for expanded FMLA coverage.
- A new qualifying exigency leave category is available, which permits eligible employees to take leave for specific activities related to the care of a military member's parent who is incapable of self-care.
- The amount of military exigency leave an eligible employee is able to take to spend with a covered family member during rest and recuperation periods has been increased from five to 15 calendar days, with the length of the leave tied to the length of the military member's rest and recuperation leave.
- Military caregiver leave now covers serious injuries or illnesses for both current service members and veterans that result from the aggravation during military service of a preexisting condition.
- The military family leave provisions of the FMLA now extend military exigency leave to include employees whose family members serve in the Regular Armed Forces (in addition to the National Guard and Reserves) - so long as they are being deployed to a foreign country.
- The types of health care providers who can provide a medical certification to support FMLA military caregiver leave was expanded.
- Employers now have the right to seek second and third opinions of military caregiver certifications in limited circumstances.
- More detail was provided for the special hours of service eligibility requirement for airline flight crew employees and now includes specific provisions for calculating the amount of FMLA leave used by airline flight crew employees.
- Special recordkeeping requirements on employers of airline flight crew employees.
- The provision allowing employers to delay reinstatement from FMLA leave, where it is physically impossible for the employee to return to his or her position mid-shift, was clarified.
Additional Resources
March 8: Employers Must Begin Complying With Final FMLA Rule
Act Now: Employers Must Replace FMLA General Notice by March 8
Reminder: Employers Subject to New FMLA Poster Requirements on March 8