Thursday, November 27, 2008

Final Regulations Issued on FMLA as Amended

Due to recent developments and question involving the law, the US Department of Labor has issued a revised Final Regulations which help interpret and clarify several provisions of the Family and Medical Leave Act or FMLA.

The Final Regulations also contain the recent FMLA amendments expanding the coverage of the law which now includes military families in deployment situations.

The complete copy of the regulations can be reviewed by policy implementers at http://www.dol.gov/esa/whd/fmla/finalrule.htm. The same will take on the 16th of January next year.

The FMLA is a federal law, which protects employees by allowing those who are eligible to take paid or unpaid job-protective leave which can last up to 12 weeks per calendar year.

But as the law is worded to include the families of a covered service member, the leave now can last up to 26 workweeks from the original 12 weeks per calendar year.

Because of these laws, employee can take a job-protected leave provided his/her reason/s fall under any of these:

• He/she is unable to work because of a serious health condition

• To care for an immediate family member – spouse, child or parent, with a serious health condition

• There is birth in the family or adoption of a child or foster care placement of a child