DOL Issues New Final FMLA Regulations

From FordHarrison: DOL Issues New Final FMLA Regulations On November 17, 2008, the United States Department of Labor issued a new set of Final Regulations updating its Family and Medical Leave Act ("FMLA") Regulations.

A brief of some of the more important features include:

                                                                                                                                                            

Employer Notice

The new regulations require employers to provide employees with a general notice about the FMLA, an eligibility notice, rights and responsibilities notice, and a designation notice.

                                                                                                                                                    

Employee Notice

The new regulations provide that employees must give notice of unexpected FMLA leave according to their employer's usual and customary call-in procedures, absent unusual circumstances. This means that employees must report an absence before the start of their shift, if the employer has a policy requiring them to do so.

                                                                                                                                                               

Medical Certification

The new regulations limit which individuals from the employer may have contact with an employee's healthcare provider, and preclude the employee's direct supervisor from ever making such contact.

If an employer deems a medical certification incomplete or insufficient, the new regulations require the employer to specifically designate in writing what information is missing, and give the employee seven days to cure the deficiency. The new regulations also provide that employers may request a new medical certification each leave year for conditions that last longer than a year.

                                                                                                                                              

Fitness for Duty

The new regulations expand the information that an employer may require in a fitness for duty certification. An employer may now require that the certification specifically address whether the employee can perform the essential functions of his or her job. Also, if an employer has reasonable concerns about an employee's ability to safely perform a job, the employer can require an employee to provide a fitness for duty certification before the employee may return to work from an absence while on intermittent leave. 

The new regulations become effective January 16, 2009. Employers should utilize this time period to provide training on the new regulations and establish procedures for compliance once they become effective.

                                                                                                                                                             

For Information please see fordharrison.com