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New Family and Medical Leave Act Regulation Released
On November 17, 2008, the U.S. Department of Labor published the long awaited “final rule” of the revised 29 Part 825. Part 825 is the regulation implementing and interpreting the federal Family and Medical Leave Act passed in 1993. The Defense Appropriations Act expanded the FMLA providing unpaid leave for service members and their families for certain conditions. The new regulation is effective January 16, 2009
The new regulation cleans up the regulation correcting areas that had been struck down by the courts and clarifying many confusing and ambiguous requirements. The old regulation, written in a question and answer format had several areas struck down by the courts and regarded by many as the worse regulation ever published by the USDOL. The new regulation is in traditional topical format, corrects the errors and provides more specifics to help with application.
The new regulation provides for several “suggested” forms in place of the two forms in the previous version. MKAI is in reviewing the new suggested forms and will publish a form set in the near future for employers to use. We did not recommend the use of the previous forms because they did not address the real needs of employers and employees with the FMLA leave requirements.
Copies of the New Regulation -- MKAI has prepared three versions of the new regulation. To download the complete regulation and comments as published in the Federal Register on November 17, 2008, go to:
http://www.markknuckles.com/filetrans.asp?filename=FMLA_29_CFR_825_17Nov2008.pdf
New 29 CFR Part 825 FMLA Regulation Only:
http://www.markknuckles.com/filetrans.asp?filename=FMLA_29_CFR_825_17Nov2008_Final_Rule_Only.pdf
New 29 CFR Part 825 FMLA Regulation Comments:
http://www.markknuckles.com/filetrans.asp?filename=FMLA_29_CFR_825_17Nov2008_.Comments_Only.pdf
FMLA Compliance Training -- We caution clients and others about jumping on the first training available. Interpretive guidance will be developing. Many will be offering training and claiming to be experts. MKAI consultants have extensive experience in the application of the FMLA to employers, preparation of FMLA policies, and helping employers defend against claims of FMLA violations. MKAI will be preparing sample policies as well as customized policies for our clients. Also, MKAI is developing a FMLA compliance training conference for customized on-site training and a public conference. Watch for details. Contact our office to schedule on site training with the new FMLA requirements and your policy revision.
The new regulation cleans up the regulation correcting areas that had been struck down by the courts and clarifying many confusing and ambiguous requirements. The old regulation, written in a question and answer format had several areas struck down by the courts and regarded by many as the worse regulation ever published by the USDOL. The new regulation is in traditional topical format, corrects the errors and provides more specifics to help with application.
The new regulation provides for several “suggested” forms in place of the two forms in the previous version. MKAI is in reviewing the new suggested forms and will publish a form set in the near future for employers to use. We did not recommend the use of the previous forms because they did not address the real needs of employers and employees with the FMLA leave requirements.
Copies of the New Regulation -- MKAI has prepared three versions of the new regulation. To download the complete regulation and comments as published in the Federal Register on November 17, 2008, go to:
http://www.markknuckles.com/filetrans.asp?filename=FMLA_29_CFR_825_17Nov2008.pdf
New 29 CFR Part 825 FMLA Regulation Only: http://www.markknuckles.com/filetrans.asp?filename=FMLA_29_CFR_825_17Nov2008_Final_Rule_Only.pdf
New 29 CFR Part 825 FMLA Regulation Comments: http://www.markknuckles.com/filetrans.asp?filename=FMLA_29_CFR_825_17Nov2008_.Comments_Only.pdf
FMLA Compliance Training -- We caution clients and others about jumping on the first training available. Interpretive guidance will be developing. Many will be offering training and claiming to be experts. MKAI consultants have extensive experience in the application of the FMLA to employers, preparation of FMLA policies, and helping employers defend against claims of FMLA violations. MKAI will be preparing sample policies as well as customized policies for our clients. Also, MKAI is developing a FMLA compliance training conference for customized on-site training and a public conference. Watch for details. Contact our office to schedule on site training with the new FMLA requirements and your policy revision.