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Top 10 Things Employers Need to Know about the New FMLA Regulations


The U.S. Department of Labor ("DOL") has published new regulations interpreting the Family and Medical Leave Act ("FMLA"). Although the regulations have been years in the making and will require significant changes to policies and supervisor training, the DOL has given employers only 60 days (until Jan. 16) to implement and comply with the new rules. Employers need to update their policies and procedures to reflect new or changed requirements, obligations and options under the new regulations.

Here is a list of the top 10 changes employers need to know about:

  1. Military caregiver leave is expanded.
  2. "Qualifying exigency" leave will arrive.
  3. Breaks in service might not end FMLA entitlement.
  4. Certification process is streamlined.
  5. Incomplete certifications must be addressed.
  6. Employers' notice obligations increased.
  7. Penalty provision overhauled.
  8. Notification provision got stricter.
  9. Light duty work clarified.
  10. FMLA rights can be waived.

This article appeared in the December 9, 2008 issue of the San Diego Daily Transcript.
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