Department of Labor Issues New Regulation Expanding FMLA Rights

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On February 6, 2013, the U.S. Department of Labor (“DOL”) published a Final Rule implementing certain changes to the Family and Medical Leave Act (“FMLA”). The Final Rule expands FMLA coverage for qualifying veterans, extends exigency leave for military members, and creates a special hours of service requirement to bring certain airline personnel within the FMLA’s eligibility criteria. The Final Rule takes effect on March 8, 2013.

The key provisions are:

• Expanded coverage to include caregivers of qualifying veterans discharged or released within five years of the need for caregiver leave

• Allows any approved healthcare provider to certify a service member’s injury or illness rather than restricting certification to DOD, VA or TRICARE providers...

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