NEW FMLA RULE CHANGES EFFECTIVE THIS WEEK

Federal rules implementing changes to the Family and Medical Leave Act (FMLA) became effective on January 16, 2009. The changes are the result of federal military leave legislation passed in 2008 and other amendments to existing FMLA rules.

The military leave rules grant an employee who is eligible for leave under the FMLA up to 26 weeks of unpaid leave to care for a family member (spouse, child, parent, or next-of-kin) who is in the armed forces and who is undergoing medical treatment, recuperation, or therapy for a serious illness or injury. The rules also allow an eligible employee to take up to twelve weeks of unpaid FMLA leave for a “qualifying exigency” that arises because a family member is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation.

The non-military rule amendments require new posters and forms for all covered employer cities. (Note: every city with employees is covered by FMLA and must display the new FMLA poster, but not all cities have employees who are eligible for FMLA leave.) The new poster should be displayed immediately. The amendments also make changes to intermittent leave, medical certification for employees who request FMLA leave, use of paid leave during FMLA leave, and light duty provisions. They also include revised procedures for reviewing eligibility for FMLA leave.

For more information on which employees are eligible for FMLA leave see: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.110.htm.

The new military rules and the non-military rule amendments are available at: http://www.dol.gov/esa/whd/fmla/finalrule.htm.

The new FMLA poster is available at: http://www.dol.gov/esa/whd/fmla/finalrule/FMLAPoster.pdf.

If you have questions about the new rules, please contact Laura Mueller in the TML Legal Department at (512) 231-7400 or laura@tml.org.

TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the
Texas Municipal League.

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