FMLA’S Final Rule Expands Protections For Military Families And Airline Flight Crews

more+
less-

On February 5, 2013, the U.S. Department of Labor’s Wage and Hour Division published a final rule that will expand Family and Medical Leave Act (FMLA) protections to military families and airline flight crews. The final rule implements the FMLA amendments made by the National Defense Authorization Act for Fiscal Year 2010 (NDAA) and the Airline Flight Crew Technical Corrections Act (AFCTCA). The final rule coincides with the 20th anniversary of the signing of the FMLA.

The final rule provides several key changes for military families. Included in these changes are that families of eligible veterans now have the same job-protected FMLA leave currently available to families of military service members. The final rule creates a new qualifying exigency leave category for parental care and increases the amount of exigency leave related to a military member’s rest and recuperation leave from five to 15 days. The final rule extends qualifying exigency leave, which previously was available only to eligible employees with family members in the National Guard and Reserves, to eligible employees who are family members of members of the regular Armed Forces. The final rule also expands the definition of “serious illness or injury” to cover pre-existing illnesses or injuries that were aggravated in the line of duty.

The final rule also impacts airline flight crews. Under the final rule, a flight crew employee’s hours of service requirement for the purposes of FMLA eligibility will be met if the employee has worked or been paid for not less than 60 percent of the applicable total monthly guarantee and has worked or been paid for not less than 504 hours during the previous 12 months.

The final rule will take effect on March 8, 2013.

Written by:

Published In:

DOL

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pepper Hamilton LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×