New FMLA Regulations effective January 16, 2009

The US Department of Labor (DOL) has revised and re-published the regulations governing how the Family and Medical Leave Act (FMLA) must be administered.

According to the DOL, the new regulations have taken into account 15 years of experience with FMLA, including many court decisions.

Here’s an executive summary factsheet about the new FMLA regulations, from the DOL (PDF file)

Here is a link to a HUGE PDF file containing the entire set of FMLA regulations

I will publlish a critique of the new regulations at a later time.

The new regulations also cover the latest amendments to the FMLA, giving new rights related to military service

The Family and Medical Leave ACT (FMLA) was amended in 2008 to provide for the following new rights, according to the US DOL:

• (1) Up to 12 weeks of leave for certain qualifying exigencies arising out of a covered military member’s active duty status, or notification of an impending call or order to active duty status, in support of a contingency operation, and
• (2) Up to 26 weeks of leave in a single 12-month period to care for a covered servicemember recovering from a serious injury or illness incurred in the line of duty on active duty. Eligible employees are entitled to a combined total of up to 26 weeks of all types of FMLA leave during the single 12-month period.
• Reference: US DOL FMLA Final Rule page.

The DOL has set up a special website to help people get information about the new FMLA regulations.

Tim's Missouri Employment Law
is by Attorney Tim Willoughby

Tim is a St. Louis Missouri employment lawyer and a member of the National Employment Lawyers Association (NELA). Visit NELA.org and the Missouri Bar Website (see the directory of lawyers).