On January 30, 2012, the U.S. Department of Labor announced proposed changes to Family and Medical Leave Act regulations (pdf) in 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.
The proposed regulations also comment on the DOL's model FMLA forms as well as an employer's obligations under the Genetic Information Non-Discrimination Act (GINA). So, read on...
Military Family Leave
Under the National Defense Authorization Act of 2010, eligible employees can take up to 26 weeks of FMLA leave ("caregiver leave") in a single 12-month period to care for a covered service member or veteran with a serious injury or illness. Under the NDAA and the proposed regulations, caregiver leave now can be taken up to five years after the service member leaves the military and for an injury or illness that results from a condition that predates the individual's active duty but that was exacerbated by the military service. Prior to the NDAA, caregiver leave was available only to employees caring for current service members, not veterans.
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