U.S. Office of Professional Management Issues Proposed Regulations Implementing Military Family Leave under the FMLA for Federal Employees

On August 26, 2009, the U.S. Office of Professional Management issued proposed regulations implementing military family leave under the FMLA  for federal employees.  The proposed regulations would provide eligible federal employees up to 26 administrative workweeks of leave under the FMLA to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is injured in the line of duty while on active duty; amend the rules on advancing sick leave; and make organizational changes to the existing sick leave and FMLA regulations to enhance reader understanding and administration of these programs. 

Comments must be received on or before October 26, 2009. 

See my prior postings for links to the Revised FMLA Regulations concerning military leave for employees of private employers. 





DOL Releases Revised FMLA Regulations!

On November 17, 2008, at long last, the Department of Labor issued Final Regulations concerning the FMLA and the amendments to the FMLA under the National Defense Authorization Act.  As anticipated, the Regulations make significant changes to the ways in which employers will need to administer leave under the FMLA.  

The new Regulations take effect on January 16, 2009.  Before then, employers will need to: 

  • revise their existing FMLA policies to incorporate the changes for nonmilitary and military FMLA leave;

  • adopt the new certification forms and general, eligibility, rights and responsibilities, and designation notices;

  • train their human resource professionals and supervisors concerning compliance with the new Regulations;

  • ensure that other policies are consistent with the new FMLA Regulations; and

  • ensure that their job descriptions accurately describe the essential functions of each position.

Please see the Firm's ALERT concerning the Final Regulations.

Also, the Final Regulations as they appear in the Federal Register.

In future articles, I will be discussing each of the new Regulations in more detail, and discussing some scenarios that highlight the changes and how employers will need to amend their FMLA practices going forward. 

Proposed FMLA Regulations

On February 11, 2008, the United States Department of Labor (the "DOL") issued a voluminous Notice of Proposed Rule-Making, in which it proposed revisions to a number of the regulations implementing the FMLA.  

One of the key proposals is for a new Section 825.110(b)(1), which would provide that, although the 12 months of employment required for leave eligibility need not be consecutive, employment prior to a continuous break in service of five years or more need not be counted.  Another proposed change would permit employees and employers to voluntarily settle past claims without first obtaining permission or approval from the DOL or a court. 

The Department of Labor has solicited comments on the Proposed Rule-Making, which must be submitted by April 11, 2008. 

Click here for the Notice, and the specific regulations that the Department of Labor is proposing to revise.