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Family and Medical Leave Act, Military Family Leave Final Regulations
Significant changes to the Family and Medical Leave Act took effect January 16, 2009. These new FMLA regulations, which were released on November 17, 2008, have not been revised since 1995. No worries. CCH's editorial team has the answers you need – all in one concise book.
CCH's Family and Medical Leave Act, Military Family Leave Final Regulations, provides helpful and practical guidance on today's family and medical leave laws. This book gives you important background information concerning the rule changes, along with succinct explanations of the new rules and how they have changed from prior regulations. Major stakeholder comments received by the Department of Labor (DOL) are fully incorporated into the full text of the revised regulations.
What are the big changes? According to the DOL, the revised and reorganized final rule:
- Helps employees and their employers better understand their rights and obligations under the FMLA
- Modifies the definition of "continuing treatment" of a serious health condition
- Overhauls the FMLA's notice provisions and makes significant changes to the Act's certification requirements
- Speeds up the implementation of the important, new military family leave entitlements
Make sure you read about the changes to military family protections. The final regulations implement the new military family leave provisions that were signed into law by President Bush in January 2008. The provisions provide job-protected leave rights to employees who are the spouse, child, parent or next of kin of a "covered service member" to take a total of up to 26 workweeks of leave during a 12-month period to care for the servicemember. The expanded FMLA also permits employees to take up to 12 workweeks of FMLA leave due to qualifying exigencies arising out of the fact that the employee's spouse, son, daughter or parent (i.e., covered military member) is on active duty status, or being notified of an impending call to active duty.
Now is the time to learn about these changes and more. CCH's Law and Explanation book, Family and Medical Leave Act, Military Family Leave, is a must have for anyone who has to manage Family and Medical Leaves. Don't delay. Order today!
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- Family and Medical Leave Act, Military Family Leave Final Regulations, 2008
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Ratings and Reviews
Table Of Contents
Background and Regulatory Overview
- Background
- Regulatory Overview
- Military Family Leave Provisions
- Other Significant Regulatory Revisions
- Effective Date
Subpart A—Coverage Under the FMLA
- Joint Employer Coverage
- Successor in Interest Coverage
- Public Agency Coverage
- Federal Agency Coverage
- "Eligible" Employee
- Determining Whether 50 Employees are Employed Within 75 Miles
- Qualifying Reasons for Leave, General Rule
- Serious Health Condition
- Inpatient Care
- Continuing Treatment
- Leave for Treatment of Substance Abuse
- Leave for Pregnancy or Birth
- Leave for Adoption or Foster Care
- Definition of Spouse, Parent, Son or Daughter, Adoption and Foster Care
- Unable to Perform the Functions of the Position
- Needed to Care for a Family Member or a Covered Servicemember
- Definition of Health Care Provider
- Qualifying Exigency Leave
- Military Caregiver Leave
Subpart B—Employee Leave Entitlements Under the FMLA
- Amount of Leave
- Leave to Care for a Parent
- Intermittent Leave or Reduced Leave Schedule
- Transfer of an Employee to an Alternative Position During Intermittent Leave or Reduced Schedule Leave
- Increments of Leave for Intermittent or Reduced Schedule Leave
- Interaction with the FLSA
- Substitution of Paid Leave
- Maintenance of Employee Benefits
- Employee Payment of Group Health Benefit Premiums
- Multiemployer Health Plans
- Employee Failure to Pay Premiums
- Employer Recovery of Benefit Costs
- Employee Right to Reinstatement
- Equivalent Position
- Limitations on Reinstatement
- Key Employees
- Protection for Employees Who Assert FMLA Rights
Subpart C—Employee and Employer Rights and Obligations Under the Act
- Employer Notice Requirements
- General Notice
- Eligibility Notice
- Rights and Responsibilities Notice
- Designation Notice
- Consequences of Employer Failure to Provide Notice
- Employee Notice Requirements—Foreseeable Leave
- Employee Notice Requirements—Unforeseeable Leave
- Consequences of Employee Failure to Provide Notice
- Certification, General Rule
- Content of Medical Certification for Leave Taken because of an Employee's Own Serious Health Condition or the Serious Health Condition of a Family Member
- Authentication and Clarification of Medical Certification for Leave Taken Because of an Employee's Own Serious Health Condition or the Serious Health Condition of a Family Member
- Recertifications for Leave Taken Because of an Employee's Own Serious Health Condition or the Serious Health Condition of a Family Member
- Certification for Leave Taken Because of Qualifying Exigency
- Certification for Leave Taken for Military Caregiver Leave
- Intent to Return to Work
- Fitness-for-Duty Certifications
- Failure to Provide Medical Certification
Subpart G—Effect of Other Laws, Employer Practices, and Collective Bargaining Agreements on Employee Rights Under FMLA
- Interaction with Employer's Policies
- Interaction with State Laws
- Interaction with Federal and State Anti-Discrimination Laws
Subpart H—Definitions
- Joint Employer Coverage
- Public Agency
- Eligible Employee
- Serious Health Condition
- Prenatal Care
- Leave for Adoption and Foster Care
- Parent and Son or Daughter
- Needed to Care For
- Health Care Provider
- Medical Necessity
- Military Family Leave Provisions
Family and Medical Leave Act of 1993, as Amended
Final Regulations with Summary of Major Comments