After remaining untouched for its first 15 years, thehas received a makeover in the past couple of months—first by Congress, and then by regulators at the U.S. Labor Department. Here are the highlights:
for military families
A law signed Jan. 28 by President Bush says employees caring for wounded military members can take up to 26 weeks of unpaid FMLA leave each year. That’s fairly straightforward.
A second, more complex provision says employers also must grant up to 12 weeks of FMLA leave each year to the immediate family of reservists and National Guard members who are called into active duty, either overseas or in the United States.
Such leave can be taken for any “qualifying” event related to the service member’s absence. Does that mean a spouse’s financial meeting? A counseling session? A child’s school event?
Business groups see the potential for here and are pushing the Labor Department for a strict definition of qualifying events. The department is accepting comments until April 10 on that definition.
Employers should notify their employees of this new law. (To download a supplemental poster, see the box below.)
Labor Department revisions
After years of promises, the Labor Department on Feb. 11 unveiled more than a dozen proposed revisions to the original
Although business groups support most of these changes, they had pushed to no avail for even more dramatic, pro-employer moderations.
Among the proposed revisions:
A slightly tighter definition of a “serious condition” that qualifies employees for the FMLA.
Stricter notification requirements for employees who take.
More time (five days instead of two) to send out FMLA designation notices.
Easier answers to certification questions—direct contact with the employee’s doctor would be allowed.
Clarification on when employers can request.
Two lowlights: In addition to posting an
Note: These changes aren’t final. They’re open for public comment until April 10. Look for a final version later this year.
- FMLA: Second medical opinion is your option
- Must we give FMLA leave for cosmetic surgery?
- If employee gives late FMLA notice, when must you cut slack?
- Title VII doesn't protect employees who complain about discrimination against customers
- Tell supervisors: No matter the inconvenience, never interfere with employees' FMLA rights