March 11, 2014

Significant Changes to the Family and Medical Leave Act Effective January 16, 2009

Employment Law Update

In January 2008, President Bush signed into law the first-ever amendments to the Family and Medical Leave Act (“FMLA”) and on November 17, 2008, the Department of Labor (DOL) published its much anticipated final rule on the implementation of these amendments. The DOL’s new regulations went into effect on January 16, 2009, and they clarified the employers’ rights and responsibilities under the FMLA. Significant changes have been made to military rights and the DOL also addresses various issues raised in court cases interpreting the FMLA. The new revisions mark the first significant overhaul of the FMLA’s implementation regulation since its enactment in 1993. Because of these important changes, most employers will have to update their leave policies.