Final Ruling: FMLA

Issued on November 17, 2008

On November 17, 2008, the U.S. Department of Labor (DOL) issued a final rule to the Family Medical Leave Act of 1993 ("FMLA"), which is the law that provides eligible employees who work for covered employers the right to take job protected, unpaid leave for absences due to the birth of the employee’s son or daughter and to care for the newborn child; because of the placement of a son or daughter with the employee for adoption or foster care; in order to care for a son, daughter, spouse, or parent with a serious health condition; or because of the employee’s own serious health condition that makes the employee unable to perform the functions of his or her job.

The final regulations also address the following:

  • new military family leave entitlements included in amendments to the FMLA enacted as part of the National Defense Authorization Act for FY 2008
  • requirement for employees to follow the employer’s usual and customary call-in procedures for reporting an absence, absent unusual circumstances
  • time extension for employers to provide various notices under the Act from two business days to five business days
  • clarification of the interaction between the FMLA certification process and the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, including the ability of the employer to communicate directly with the employee’s health care provider for the sole purpose of clarifying a medical certification

These rules are effective on January 16, 2009.

Source: Society for Human Resource Management (SHRM)

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Comments

I'm glad that someone wrote an abridged article on the FMLA, as the Federal Register from Congress was a remarkable 200 pages. Thanks to whoever summarized the article!

- Owen Ahearn | Flag this comment for review

I would have to surmize that Chuck Achilles and his capable legislative team put forth the effort! The article was to point and was also glad (like Owen) that IREM sifted through the 200 pages to give us a snapshot.

- Lori Burger | Flag this comment for review