Legal Alert: DOL Proposes Revising FMLA Regulations


The Department of Labor has announced that it will publish a Notice of Proposed Rulemaking (NPR) proposing regulations implementing the changes to the Family and Medical Leave Act (FMLA) made by the 2010 National Defense Authorization Act (NDAA) and the 2009 Airline Flight Crew Technical Corrections Act (AFCTC). The DOL also proposes deleting optional use forms from the Appendix to Section 825 and making them available only on the DOL's web site to eliminate confusion that may arise if the forms on the web site differ from those included in the Appendix.

The 2010 NDAA, among other things, amended the FMLA to expand the scope of the provisions of the FMLA pertaining to leave for qualifying exigencies and military caregiver leave. Specifically, the NDAA now permits family members of active duty service members to take leave for a qualifying exigency. Previously, only family members of National Guard and Reservists called to active duty in support of a contingency operation were permitted to take leave for a qualifying exigency. The NDAA also extends the scope of military caregiver leave to families of certain veterans, who previously were not covered by the provision. It also permits military caregiver leave for serious injuries or illnesses that are the result of pre-existing conditions that were aggravated by service while on active duty.

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