FMLA - Important Changes You Need to Know

First, you should be aware that FMLA does not apply to all employers.  FMLA (Family Medical Leave Act) applies to employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year.

Second, not all of your employees will be eligible for FMLA benefits.  To be eligible for FMLA benefits, an employee must:

• Work for a covered employer
• Have worked for the employer for a total of 12 months
• Have worked at least 1,250 hours over the previous 12 months
• Work in a location in the US or any territory or possession of the US where at least 50 employees are employed by the employer within 75 miles

 A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12 month period and maintain the employee’s benefits as if the employee was actively at work (continue employer contribution) for one or more of the following reasons:

• Birth and care of a newborn child of the employee
• Placement with the employee of a son or daughter for adoption or foster care
• Care for a spouse, son, daughter or parent with a serious health condition
• Take medical leave when the employee is unable to work because of a serious health condition
• For qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation

 On January 16, 2009, a comprehensive overhaul of the US Department of Labor’s FMLA took effect.  The overhaul contains changes, clarifications, modifications and updates which all need to be adopted by employers.  The following provides some of the highlights:

New FMLA Posting Requirement- Employers will be required to provide employees with a general notice about FMLA (posters and part of employee handbook); an eligibility notice; a rights and responsibility notice; and a designation notice.

Two New Leave Entitlements For Covered Military Service Members – Military Caregiver Leave entitles family members of covered service members to take up to 26 workweeks of leave in a single 12 month period to care for a covered service member with a serious illness or injury incurred in the line of duty.  Qualifying Exigency Leave helps families of members of the National Guard and Reserves manage their affairs while the member is on active duty in support of a contingency operation.

Clarifications And Updates Regarding Medical Certification – The final rule addresses the Health Insurance Portability and Accountability Act (HIPAA) as it applies to the communication between employers and the employee’s health care providers.  Additional clarifications provide instructions on the employer’s responsibilities and timeframes regarding deeming a medical certification incomplete and requesting additional information.

Clarification Regarding the Definition and Implications of Light Duty – Time spent performing light duty work does not count against an employee’s FMLA leave entitlement.

Update To The Definition of Serious Condition – The final rule provides clarification and strict definitions of what qualifies as a serious health condition.

The changes to FMLA administration require much more information than we can cover in our newsletter.  Benefaction Insurance has put together a white paper highlighting these changes.  You can also find full information on the US Department of Labor website.  Please give us a call and we will schedule a meeting with your HR staff to review these changes and ensure that your team is in compliance.

Tags: FMLA Compliance