New FMLA Rules on the Horizon

The FLMA, which now has been in effect for 20 years, has been fine tuned over the years through regulations and Court decisions.  In March of 2013 the Department of Labor will approve its latest regulatory modifications. Notable changes involve the calculation of intermittent leave, military caregiver leave for veterans, and qualifying exigency leave for parental care.

[Under the Family Medical Leave Act (FMLA), qualified employees are entitled to take up to 12 weeks of protected medical leave for a serious medical condition, pregnancy, or to care for an immediate family member with a serious medical condition.  FMLA is not to be confused with a paid leave policy. While employees may receive compensation by virtue of an employer's sick leave or short term disability policies, the primary purpose of the FMLA is to ensure that the employer does not terminate or replace otherwise performing employees just because they suffer a temporary medical hardship. Not every employee is entitled to FMLA.  To be FMLA eligible, an employee must work for a company that employs at least 50 persons within a 75 mile radius of the worksite.  Second, an employee must have worked for that company for at least one year and for at least 1250 hours before they can claim the FMLA leave protection.]

DOL: FINAL PROPOSED RULES

DOL: FMLA Rights Poster