Changes to the Family and Medical Leave Act

Effective January 16, 2009

The Family and Medical Leave Act (FMLA) applies to businesses who have employed 50 or more workers in 20 or more workweeks in the current or preceding calendar year. FMLA requires that a covered employer grant an eligible employee up to 12 workweeks of unpaid leave during a 12-month period for the birth and care of a newborn child, placement of a child for foster care or adoption, care of an immediate family member with a serious health condition, or on account of the employee’s own serious health condition where he or she is unable to work.

Effective January 16, 2009, the U.S. Department of Labor published a Final Rule which makes significant changes to the interpretation of FMLA. Among other things, the Final Rule revises:

• the definition of “serious health condition”;

• the employer poster, policy, and notice requirements;

• the medical certification process; and

• the employee notice obligations.

Because these new regulations materially change FMLA, all employers should review their policies and practices for compliance. For assistance in complying with FMLA and other employment laws, please contact our Employment Law Group at (301) 340-2020.