Get Ready for Newly-Revised FMLA Regulations

HR Advisor feature article | December 2008

The federal Family Medical Leave Act (FMLA) has been a significant and often challenging compliance obligation for many businesses nationwide. 

Recognized as one of the most crucial workplace issues for 2009, however, specific recent FMLA developments are anticipated to provide employers with new tools to help administer this type of leave more effectively. Employers subject to FMLA need to get familiar and get ready based on the revised regulations which become effective on January 16, 2009. 

The FMLA Basics

FMLA is governed by Federal law. Employers with 50 or more employees must grant up to 12 weeks of unpaid FMLA leave to their employees for certain qualifying events; health care benefits must be continued during FMLA leave; and the employee must be reinstated to his or her former position or an equivalent position at the end of the leave. Employees are eligible for FMLA leave if they have worked for the employer for the 12 months, have worked 1,250 hours or more in that period, and are at a work site where there are at least 50 employees within a 75 mile radius. 

Some Revision Highlights 

• Employees must follow the company’s call-in policies if they plan to miss work “absent unusual circumstances.” Currently, employees have up to two days after an absence to notify the company about their need for leave.
• An employee’s time spent performing light duty does not count toward FMLA entitlement.
• Employers may consider additional medical information obtained through ADA, paid leave, or workers’ compensation procedures.
• Employers may account for FMLA absences to determine bonus and incentive rewards.
• The regulations interpret and implement the Military Family Leave Amendments enacted earlier this year.
• The application of FMLA to professional employer organizations also is addressed.

In the midst of current economic uncertainties, incorporating and applying the revised FMLA regulations may be very frustrating for many employers.  At the same, businesses simply cannot afford to ignore the issue.  Employers must prepare, review, and update their policies, forms, etc. as needed to communicate clearly and effectively – verbally and in writing – with and for all of its employees. 

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