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.