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Attention: All Employers -- Final Regulations
Issued--
Labor Department Clarifies Family Medical Leave Act (FMLA)
Legislation Amid Employer Questions
On
The
legislation allows for a
spouse, son, daughter, parent, or next
of kin to take up to 26 workweeks of leave to care for a service member who
is injured or becomes ill while on active duty and can no longer perform his
or her duties. Employees are also
allowed to take up to 12 weeks of leave when a spouse, child or parent is on
active duty in the armed forces or is called up for active duty. Leave is allowed for any “qualifying
exigency.”
The Clarifications:
Final
regulation clarifies that an employee is entitled to a maximum of 26 weeks of
leave during a 12-month period. An
example of this is a working parent who takes 26 weeks of leave to care for
an injured child. Once the 26 weeks is used, the working parent could not
take another 26 weeks in the same 12 month period to care for a second
injured child.
Additionally,
the 26-week leave limit is a per injury limitation. However, a working parent could take up to
26 weeks of leave to care for a child’s injury and then take another 26 weeks
of leave in a subsequent 12-month period if the child incurred a second
injury during a later period.
The Department
of Labor also provides many examples of “qualifying exigencies.” These
include rest and recuperation, post-deployment activities, and additional
activities where the employer and employee agree to the leave.
Finally, the
regulations clarify nonmilitary related areas of the FMLA. For example, employees working on “light
duty” cannot have time count against their 12-week FMLA entitlement.
We hope these new regulations provide further
clarification. If you have any
questions, please contact your NIA Employee Benefits Specialist or call:
Denise Angleman
Senior Vice President,
Employee Benefits
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