Department of Labor to Publish Final Regulations Under the Family and Medical Leave Act

The U.S. Department of Labor (DOL) will publish in the Federal Register on Monday, November 17, 2008 its final regulations under the Family and Medical Leave Act (FMLA). The new rules—which mark the first major regulatory changes to the FMLA since its enactment 15 years ago—will take effect on January 16, 2009, requiring employers to adapt quickly to make necessary changes in their policies and procedures.

We are in the process of reviewing and analyzing the DOL’s 750-page publication, and are preparing both detailed analyses and webcast training seminars to help ease the transition. In the meantime, highlights of the final rules include:

• Definition of “Exigency Leave”
• Leave to Care for Service Members
• Changes in Notice Requirements
• Definition of a “Serious Health Condition”
• Waiver and Release
• Substitution of Paid Leave

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