Final Family and Medical Leave Act Regulations Issued

      The final Family and Medical Leave Act (FMLA) regulations were published in the Federal Register on Monday, November 17, 2008 and will be effective on January 16, 2009.

      The final regulations contain various structural changes, along with some substantive changes, to the current FMLA regulations.  Many of the proposed regulations were adopted without change, while some sections were changed based on comments received during the comment period.  Importantly, the new regulations address the amendments to the FMLA earlier this year for service member family leave – military caregiver leave and qualifying exigency leave.  This is significant because, under the 2008 amendments to the FMLA, employers were not required to provide qualifying exigency leave until regulations were published.  Employers will now need to modify their FMLA policies to comply with this new form of FMLA leave.

      Ice Miller is hosting a webinar titled, "Overview of the New Family and Medical Leave Act Regulations" on Tuesday, December 2, 2008 from 12:00 - 2:00 p.m. (EST).  This seminar will cover the substantive areas that are addressed by the final regulations, the effects the changes will have on your FMLA administration, and the changes you should make before the regulations become effective.  Topics include, among others:

• Servicemember Caregiver and Qualifying Exigency Leave
• Employee Notice Requirements for Intermittent Leave
• Employee Eligibility Requirements
• Definition of a Chronic Health Condition/Incapacity
• Permissible Communications with Health Care Providers
• Employer Response Requirements
• Permissible Pro-ration of Bonuses
• Application of Paid Leave Policies to FMLA Leave
• Waiver of FMLA Claims

      Register for this free webinar.

      In the meantime, if you have any questions related to these final regulations or any other FMLA issues, please contact Tami Earnhart, Paul Sinclair or any other member of our Labor and Employment Practice Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.