FMLA UPDATE

Final FMLA Rule Creates New Compliance Requirements for Employers

04/08/13

 

On Feb. 5, 2013, the U.S. Department of Labor (DOL) issued a final rule providing expanded benefits to military families and airline flight crews under the Family and Medical Leave Act (FMLA). More specifically, this means:

  • Families of eligible veterans are entitled to the same FMLA-protected leave available to families of military servicemembers. In addition, leave is available to more military families for activities related to deployment of a current service member.
  • A modification to how the FMLA applies to airline personnel and flight crews, due to the unique way their hours are counted. The final rule explains how to calculate the required number of hours airline employees must work in a 12-month period to be eligible for FMLA leave.
  • By March 8th, businesses with 50 or more employees and all public employers must update their postings to be in complete compliance.

For additional details on how the FMLA rule will impact your business, please see the FAQs below:

Q What are the new FMLA changes?
A The new rule implements the Family and Medical Leave Act (FMLA) amendments made by the National Defense Authorization Act for Fiscal Year 2010 (NDAA) and the Airline Flight Crew Technical Corrections Act (AFCTCA). The final rule also revises certain existing regulatory provisions.
The NDAA amended the FMLA’s military family leave provisions to expand the availability of military caregiver leave and qualifying exigency leave. The NDAA extended military caregiver leave to eligible employees whose family members are recent covered veterans with a serious injury or illness. Prior to the NDAA, military caregiver leave was limited to active members of the Armed Forces. In addition, the NDAA expanded qualifying exigency leave to eligible employees with family members serving in the Regular Armed Forces, in addition to the National Guard and Reserves. Exigency leave was previously limited to family of Reserve and National Guard members only.
The AFCTCA created a special hours-of-service eligibility requirement for airline flight crewmembers and flight attendants.
Q When does the new FMLA law take effect?
A The new rule takes effect on March 8, 2013.
Q Does the new rule require me to update my medical certification forms?
A Yes. The new rule expanded the list of healthcare providers who can provide a medical certification in support of FMLA leave. The new rule also added a new medical certification form.
The new rule also requires employers to update existing FMLA policies and other FMLA forms to reflect these changes. Employers should also train managers on the new rule.
Q Does the new rule contain changes to the manner in which employers calculate intermittent leave?
A No. The new rule does not make any major substantive changes in the way that employers calculate intermittent or reduced schedule leave. But the new rule does add language clarifying the calculation of leave process. The new rule also establishes guidelines for calculation of leave for airline flight crew employees.
Q Will the new legislation require me to post an updated federal Family and Medical Leave poster?
A Yes. The new rule requires employers to update their current FMLA poster. Our FMLA poster has been updated to include these additional employee leave rights under the FMLA. Comply with these changes now – enroll inPoster Guard Compliance Protection today!
Q Will my state FMLA poster be affected by the new law?
A Typically, state FMLA posters only address state FMLA laws. As such, most state FMLA postings will not be affected by the new federal law. However, many states are passing their own FMLA/military laws and these may require additional state-specific posters. Check to see if your state has recent posting changes.
Q Are there any other important changes in the new rule?
A Yes. The Department of Labor added language in the new rule to the Recordkeeping requirement explaining an employer’s obligation to comply with confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), and amended references to the Uniformed Services Employment and Reemployment Rights Act (USERRA) to more closely mirror the USERRA regulations.
Q How many employers are expected to be impacted by this new rule?
A The Department of Labor estimates that 381,000 covered employers and government agencies owning 1.2 million establishments and employing 91.1 million workers will potentially be affected by the final rule changes. These employers have an annual payroll of $5.0 trillion, estimated annual revenues of $23.7 trillion, and estimated net income of $1.03 trillion.Under the AFCTCA, the Department estimates that nearly 6,000 flight attendants, pilots, co-pilots, and flight engineers will take new FMLA leaves. The Department estimates that each individual will take 1.5 leaves, for a total of 8,930 leaves.Under the NDAA amendments, the Department estimates that approximately 30,900 eligible employees will take 926,000 days (7.4 million hours) of FMLA leave annually to address qualifying exigencies; and, that nearly 7,000 eligible employees will take 385,000 days (3.1 million hours) of FMLA leave annually to act as a caregiver for a veteran who is undergoing treatment for a serious illness or injury.