FMLA Update: Proposed Changes to Military Family Leave Rules

On January 30, 2012, the Department of Labor announced proposed revisions to the Family and Medical Leave Act, including an extension of leave for military caregivers. The changes will not become effective for approximately 60 days, and may be further revised based on comments the Department of Labor receives during that time. Until then, here’s a brief roundup of legal commentary on the revisions:

DOL Proposes FMLA Regulatory Changes Regarding Military Family Leave, Flight Crew Eligibility and How Employers Calculate FMLA Leave (Franczek Radelet P.C.)

The changes touch on three specific areas: “1) Military Family Leave; 2) Flight Crew FMLA Eligibility; and 3) the manner in which employers calculate increments of FMLA leave. Rules for the first two have been expected for some time, but the proposed rule on calculating increments of FMLA leave is a bit unexpected and essentially seeks to revert back to pre-2009 regulations on this issue.” Read more»

DOL Proposes New FMLA Regulations on Military Family Leave (Morgan Lewis)

The notice “also proposes changes to other FMLA regulations, although it does not contain the kind of groundbreaking regulatory changes issued in 2008. Nevertheless, the proposed changes do contain important clarifications to existing law that, if finalized, will impact employers.” Read more»

DOL Proposes Revising FMLA Regulations (Ford & Harrison LLP)

“The DOL also proposes to allow the amount of leave an employee may take for Rest and Recuperation qualifying exigency leave to equal that provided to the military member, up to a maximum of 15 days, which is an increase from the 5 days currently permitted.” Read more»

DOL Proposes New FMLA Rules Impacting Military Leave (Pullman & Comley, LLC)

“What’s changed? … [T]he addition of a special hours of service eligibility requirement for airline flight crew employees; and the addition of specific provisions for calculating the amount of FMLA leave used by airline flight crew employees.” Read more»

Proposed Revisions to FMLA Regulations Issued (Miller Canfield)

“Other noteworthy proposed changes to the Regulations include: providing further guidance on how to calculate intermittent and reduced-schedule leave, [and] reminding employers to comply with the recordkeeping requirements of the Genetic Information Non-Discrimination Act if FMLA-related records contain ‘genetic information.’” Read more»


Follow Military Law updates on: LinkedIn | Twitter | JD Supra