Final, revised, regulations interpreting and guiding enforcement of the Family and Medical Leave Act (FMLA), were formally issued by the U.S. Department of Labor on Monday, November 17, 2008. The publication of these final, revised rules completes a process that extended more than two years and involved extensive commentary and public input on proposed regulations that were posted by the DOL this past February.
The new regulations, which are effective on January 16, 2009, are intended to incorporate both changes in the law–the new leave entitlements for military families, for instance–and adjustments deemed appropriate to address interpretation of the FMLA in some federal courts.
The extent to which the new, final regulations are different from the proposed regulations posted last February is not yet clear. Lawyers and HR professionals will be pouring over the new regulations for days and weeks to come. Still, there are a number of things that it is already clear the final regulations address:
The employment law attorneys of Gray Plant Mooty will be reviewing the new, final FMLA regulations in more detail over the coming days and weeks and hope to have more information available soon. All employers subject to the FMLA are encouraged to watch for updated information about these new rules and to contemplate the need to update existing FMLA leave policies and employee handbook provisions accordingly.
This article is provided for general informational purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. You are urged to consult a lawyer concerning any specific legal questions you may have.
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